ADDENDUM TO 

RECORD OF PROCEEDINGS 

4GN 2 2 1998 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02414 
COUNSEL:  None 
HEARING DESIRED: NO 

Y 

RESUME OF CASE 

On 28  January  1998,  the Board  considered applicant's 28 August 
1997  application  requesting  that  his  undesirable  discharge  be 
upgraded to honorable.  After thoroughly reviewing the case, the 
Board found sufficient evidence of error or injustice to warrant 
upgrading  the  discharge  to  general.  The  Board  indicated  that 
after reviewing the circumstances surrounding his discharge and 
in view of today's standards, they believed the type of discharge 
he  received was unduly harsh.  They also indicated that  should 
applicant  provide  documentation  pertaining  to  his  post-service 
activities,  they  would  reconsider  his  request  to  upgrade  his 
A  complete  copy  of  the  Record_- of 
discharge  to  honorable. 
Proceedings is attached at Exhibit G. 
On 20 May 1998, the AFBCMR received additional documentation from 
the applicant pertaining to his post-service activities and his 
case was reopened for reconsideration.  (Exhibit H) 

. 

THE BOARD CONCLUDES THAT: 

discharge 

1.  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 
the 
conclude 
and 
characterization of the discharge was appropriate to the existing 
circumstances. 
2.  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 

proceedings 

were 

proper 

97- 02414 

involved in the discharge were permitted, and our decision in no 
way discredits the validity of theirs. 
3.  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 productivemember 
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. 

The following members of the Board considered this application in 
Executive Session, under the provisions of AFR 31-3: 

Mr. Vaughn E. Schlunz, Panel Chair 
Mr. Charles E. Bennett, Member 
Mr. Walter J. Hosey, Member 

All  members voted  to correct the records, as recommended. 
following documentary evidence was considered: 

The 

Exhibit G.  ROP, dated 6 Mar 98, w/atchs. 
Exhibit H.  Applicant's letter, undated, w/atchs. 

-- 

dq& VAUG  E. S  LUNZ 

Panel Chair 

2 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

AIR FORCE  BOARD FOR CORRECTION OF MILITARY RECORDS 
MAR 0 6  1998 
DOCKET  NUMBER:  97-02414 
COUNSEL:  None 
HEARING DESIRED: NO 

Y 

APPLICANT REOUESTS THAT: 
His undesirable discharge be upgraded to honorable. 

~~ 

APPLICANT CONTENDS THAT: 
The reasons the applicant believes the records to be in error or 
unjust and the evidence submitted in support of the appeal is at 
Exhibit A. 

- - 

STATEMENT OF FACTS: 
The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in  the  letter 
prepared  by  the  appropriate  office  of  the  Air  Force. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 
The Air Force Discharge Review Board  (AFDRB) denied applicant s 
request for an upgrade of his discharge to honorable on 23 April 
1958. 

I 

AIR FORCE EVALUATION: 

The  Separations  Branch,  Dir  of  Personnel  Program  Management, 
(AFPC/DPPRP), reviewed the application and states that this case 
has  been  reviewed  and  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge 
regulation  and  was  within  the  discretion  of  the  discharge 
authority and that the applicant was provided full administrative 
due process.  A Discharge Review Board convened in April 1958 and 
considered  the  issues  in  the  applicant's  application  for 
correction of  military record and  they  concur with  the  finding 
and  recommendation of  the board.  The records indicate member's 
rilitary service was  reviewed and appropriate action was  taken. 

. 

8l 

L. 

c- 

97-02414 

Applicant did not submit evidence or identify any errors in the 
discharge processing nor provide  facts which warrant  an upgrade 
of  the  discharge  he  received. 
Accordingly,  they  recommend 
applicant's request be denied. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C . 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A copy of the Air Force evaluation was forwarded to the applicant 
on 13 October 1997, for review and response.  As of this date, no 
response has been received by this office. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice.  We 
find  no  impropriety  in  the  characterization  of  applicant's 
discharge  at  the  time  of  his  separation. 
However,  after 
reviewing the circumstances surrounding his discharge and in view 
'of  today's  standards,  we  believe  the  type  of  discharge  he 
received  is unduly  harsh.  Therefore, we  believe  his  discharge 
should  be  upgraded  to  general.  Should  the  applicant  provide 
documentation pertaining to his post-service activities, we would 
reconsider his request to upgrade his discharge to honorable.  In 
view of  the above, we  believe the record should be  corrected to 
the extent indicated below. 

. 

-- 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that 14 July 1954, he 
was discharged with service characterized as general. 

2 

. 

c 

c. -02414 

The following members of the Board considered this application in 
Executive Session on 28 January 1998, under the provisions of AFI 
36-2603 : 

Mr. Vaughn E. Schlunz, Panel Chair 
Mr. Charles E. Bennett, Member 
Mr. Walter J. Hosey, - Member 

All  members voted  to correct the records, as recommended.  The 
following documentary evidence was considered: 
.  Exhibit A.  DD Form 149, dated 28 Aug  97, w/atchs. 
Exhibit B. 
Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPPRP, dated 19 Sep 97. 
Exhibit D.  Letter, AFBCMR, dated 13 Oct 97. 

Y 

Panel Chair 

L 

3 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN 2 2 1998 

Office of the Assistant Secretary 

AF'BCMR 97-02414 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

rds of the Department of the Air Force relating t 
corrected to show that on 14 July 1954, he was 
onorable Discharge certificate. 

L/  Director 

W 

Air Force Review Boards Agency 

I-