AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
*
RECORD OF PROCEEDINGS
SEQ 1 5 1998
IN THE MATTER OF:
DOCKET NUMBER: 97- 03744
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general (under honorable
conditions) .
APPLICANT CONTENDS THAT:
His discharge was caused by alcohol and he has been sober for 28
years.
In support of his request, he submits a personal statement, and a
character reference.
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
Applicant's military records, are contained in the Air Force
Discharge Review Board (AFDRB) brief (Exhibit B) . Accordingly,
there is no need to recite these facts in this Record of
Proceedings.
Pursuant to the Board's
request, the Federal Bureau of
Investigation, Washington, D.C., was unable to provided an
investigative report based on information furnished (Exhibit F) .
AIR FORCE EVALUATION:
The Separations Branch, Directorate of Personnel Program
Management, HQ AFPC/DPPRS, reviewed this application and states
that information reflected on his WD AGO Form 53-59, they find no
evidence to indicate the applicant's discharge, over 48 years
ago, was incorrect, an injustice occurred to the applicant, or
97- 03744
that the discharge did not comply with the discharge directive in
effective at the time of his discharge. He has not filed a
timely request. Therefore, they recommend denial of applicant's
request.
A complete copy of the Air Force evaluation is attached at
Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant has provided post-service documentation which is
attached at Exhibit E.
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. 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
the discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
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 equity 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 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
2
97-03744
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. Therefore, we recommend his discharge be upgraded to
one under honorable conditions (General).
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 30 January
1950, he was discharged with service characterized as general
(under honorable conditions).
The following members of the Board considered this application in
Executive Session on 6 August 1998, under the provisions of A F I
36-2603:
Mr. Charles E. Bennett,
Mr. Loren S. Perlstein, Member
Ms. Peggy Gordon, Member
Panel Chair
All members voted to correct the records, as recommended.
following documentary evidence was considered:
The
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F. FBI Report.
Exhibit G.
DD Form 149, dated 11 January 1998, w/atchs.
Applicant’s Master Personnel Records.
Letter, AFPC/DPPRS, dated 24 February 1998.
Letter, SAF/MIBR, dated 9 March 1998.
Applicant‘s Response, dated 31 March 1998.
Letter, Applicant, dated 24 June 1998, w/atchs.
-h CHARLES E. BENNETT
-anel
Chair
3
.
b
Office of the Assistant Secretary
AFBCMR 97-03744
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEP 1 5 1998
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, it is
directed that:
tary records of the Department of the Air Force relating t
corrected to show that on 30 June 1950, he was discharge
(under honorable conditions).
BE
Director
Air Force Review Boards Agency
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