ADDENDUM  TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY REC RDS 
DOCKET NUMBER:  96-03104 

1UG 2 5 7998 

IN THE MATTER OF: 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

RESUME OF CASE 

In an application dated 15 October 1996, applicant requested that 
his discharge be upgraded from general to honorable; and that he 
be  promoted  to  sergeant with  back  pay.  He  contended that  the 
punishment  was  too  severe  due  to  illness. 
He  submitted  a 
personal  statement, several character references, and a  copy of 
his Enlisted Record and Report of Separation WD  AGO Form  5 3 - 5 8 .  
The  Board  considered  his  application  on  7  October  1997,  and 
partially granted  his  request for his  discharge  to be  upgraded 
from  general  to  honorable.  A  complete  copy of  the  Record  of 
Proceedings is attached at Exhibit D. 

On  7  May  1998,  the  applicant provided  additional  documentation 
and requested reconsideration of his request for promotion to the 
grade of sergeant with back pay.  Applicant’s complete submission 
is attached at Exhibit E. 

THE  BOARD CONCLUDES THAT: 
Insufficient relevant evidence has been presented to demonstrate 
the existence of a probable error or injustice.  After thoroughly 
reviewing the evidence of record and the additional documentation 
submitted by applicant, we find insufficient evidence to warrant 
favorable consideration of the applicant‘s request for promotion 
to the grade of sergeant with back pay.  We note that this Board 
upgraded  the  applicant s  discharge  to  honorable  based  on 
clemency.  However, the applicant has failed to demonstrate that 
he  should be  promoted  to the grade of  sergeant.  Therefore, in 
the absence of  evidence to the  contrary, we  find no basis upon 
which to recommend favorable consideration of this request. 

96-03 104 

THE BOARD DETERMINES THAT: 

The  applicant be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice;  that  the  applicant  was  denied  without  a  personal 
appearance; and  that the  application will  only be  reconsidered 
upon  the  submission  of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive  Session  on  3  June  1998, under  the  provisions  of  A F I  
36-2603: 

Mr. LeRoy T. Baseman, Panel Chair 
Mr. Michael P. Higgins, Member 
Mr. David W. Mulgrew, Member 
Ms. Phyllis L. Spence, Examiner (without vote) 

The following documentary evidence was considered: 

Exhibit D. Record of Proceedings, dated 19 Nov 97 w/atchs. 
Exhibit E. Letter from friend of applicant, dated 7 May 98. 

Acting Panel Chair 

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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

NGV  I  3  1997 

IN THE MATTER OF: 

DOCKET NUMBER:  96-03104 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

His discharge be upgraded from general to honorable; and that he 
be promoted to sergeant with back pay. 

APPLICANT CONTENDS THAT: 

The punishment was too severe due to illness. 

In  support  of  his  request,  applicant  provides  a  personal 
statement,  several  character  references,  and  a  copy  of  his 
Enlisted Record and Report of Separation WD  AGO Form 53-58. 
Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

Applicant's military personnel records were destroyed by fire in 
1973.  Therefore, the  facts surrounding his  separation from the 
Air Force cannot be verified. 

Applicant  submitted a copy of his Enlisted Record and Report of 
Separation which reveals that he enlisted in the Army Air Corp on 
11 March  1945 and was discharged from the Air Force on 21 April 
1949.  He  was  issued  a  general  discharge  and  the  reason  for 
separation was  under Paragraph 3e (1)-  615-360  (Expiration Term 
of Service). 

Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation, Washington, DC, provided  an  Investigative Report 
which is attached at Exhibit C. 

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96-03104 

THE  BOARD CONCLUDES THAT: 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

3.  We  find  no  impropriety  in  the  characterization  of 
applicant's  discharge.  It  appears  that  responsible  officials 
applied appropriate standards in effecting the separation, and we 
do not  find persuasive evidence that pertinent regulations were 
violated  or  that  applicant was  not  afforded  all  the  rights  to 
which  entitled at  the  time of discharge.  Considered alone, we 
conclude 
and 
characterization of the discharge was appropriate to the existing 
circumstances. 

proceedings 

discharge 

the 

were 

proper 

4.  Consideration of this Board, however, is not limited to the 
events which precipitated the discharge.  We have a Congressional 
mandate  which  permits  consideration  of  other  factors;  e.g., 
applicant's background, the overall quality of service, and post- 
service activities and accomplishments.  Further, we may base our 
decision on matters  of  inequity and clemency rather than simply 
on whether rules and regulations which existed at the time were 
followed.  This is a much  broader  consideration than officials 
involved in the discharge were permitted, and our decision in no 
way discredits the validity of theirs. 

5.  Under our broader mandate and after careful consideration of 
all  the  facts  and  circumstances  of  applicant's case,  we  are 
persuaded that applicant has overcome the behavioral traits which 
led to the contested discharge and has been a productive member 
of  society.  We  recognize  the  adverse  impact  of  the  discharge 
applicant  received; and, while  it  may  have been  appropriate  at 
the  time, we believe  it would  be  an  injustice for applicant  to 
continue  to  suffer  its  effects. 
Accordingly,  we  find  that 
corrective action is appropriate as a matter of equity and on the 
basis  of  clemency. 
Applicant's  request  for  an  honorable 
discharge was considered; however, in view of his misconduct, we 
do  not  believe  that  a  promotion  to  sergeant  with  back  pay  is 
warranted. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  on  21 April 
1949, he  was  honorably  discharged  and  furnished  an  Honorable 
Discharge Certificate. 

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96-03104 

The following members of the Board considered this application in 
Executive Session on 7 October 1997, under the provisions of AFI 
3 6 - 2 6 0 3  : 

Mr. LeRoy T. Baseman, Panel Chairman 
Mr. David W. Mulgrew, Member 
Ms. Sophie A .   Clark; Member 
Ms. Phyllis L. Spence, Examiner  (without vote) 

The following documentary evidence was considered: 

Exhibit A .   DD Form 149, dated 15 Oct 96. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C. F B I   Report. 

LEROY T. BASEMAN 
Panel Chairman 

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