AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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IN THE MATTER OF:
DOCKET NUMBER: 97-02565
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REOUESTS THAT:
His bad conduct discharge be upgraded.
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 are at
Exhibit A.
STATEMENT OF FACTS:
The Air Force Discharge Review Board (AFDRB) denied applicant s
request on 11 December 1997. In accordance with policy, the
application was forwarded to this Board for further
consideration. The relevant facts pertaining to this application
are contained in the AFDRB Hearing Record (Exhibit C) .
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the AFDRB Hearing Record was forwarded to the
applicant on 29 January 1998, for review and response within 30
days. However, 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 to
warrant upgrading the applicant's discharge to general (under
honorable conditions). In support of the appeal, the applicant
has provided an administrative decision from the Department of
Veterans Affairs (DVA) indicating that they consider the
applicant's service to have been under honorable conditions for
DVA purposes. The decision of the AFDRB is noted; however, after
thoroughly reviewing the evidence of record and noting the
applicant's contentions, we believe the punishment the applicant
received as pertains to the bad conduct discharge he received,
was too severe.
While this Board does not condone the
applicant's misconduct which led to his discharge, given his
young age at the time of the offenses and noting the minor nature
of the charges against him, we believe his service can be more
justly characterized as general (under honorable conditions).
Therefore, we recommend his records be corrected as 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 on 13 July 1988,
he was discharged with service characterized as general (under
honorable conditions).
The following members of the Board considered this application in
Executive Session on 26 March 1998, under the provisions of AFI
36-2603 :
Ms. Martha Maust, Panel Chair
Mr. William E. Edwards, Member
Mr. Mike Novel, Member
Mr. Phillip E. Horton, Examiner (without vote)
All members voted to correct the records, as recommended.
following documentary evidence was considered:
The
Exhibit A.
Exhibit B.
Exhibit C .
Exhibit D.
DD Form 149, dated 10 Aug 97, w/atchs.
Applicant's Master Personnel Records.
Letter, AFDRB Hearing Record, dated 23 Dec 97.
Letter, SAF/MIBR, dated 29 Jan 98.
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D. C.
Office of the Assistant Secretary
AFBCMR 97-02565
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:
tary records of the Department of the Air Force relating to-
be corrected to show that on 13 July 1988, he was discharged with
eneral (under honorable conditions).
.
I.
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Director
Air Force Review Boards Agency
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