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AF | BCMR | CY1998 | 9801067
Original file (9801067.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-0 1067 

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 
be corrected to show that on 13 April 1992, he w 
norable Discharge certificate. 

V  Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01067 
COUNSEL: None 
HEARING DESIRED: NO 

APPLICANT REOUESTS THAT: 

His general 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 are at 
Exhibit A. 

STATEMENT OF FACTS: 
The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in  the  Brief 
prepared by an Examiner for the Air Force Discharge Review Board 
(AFDRB) (Exhibit C).  There is no need to recite these facts in 
this Record of Proceedings. 

AIR FORCE EVALUATION: 
The Air Force Discharge Review Board  (AFDRB) denied applicant I s 
request for an upgrade of his discharge to honorable on 1 April 
1998. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A complete copy of the Air Force evaluation was forwarded to the 
As of this 
applicant on 21 April 1998, 
date, no response has been received by this office. 

for review and response. 

98- 01067 

THE BOARD CONCLUDES THAT: 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
2.  The application was timely filed. 

were 

proper 

discharge  proceedings 

We  find  no  impropriety  in  the  characterization  of 
3 .  
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. 
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. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that  13 April  1992, 
he was honorably discharged and furnished an Honorable Discharge 
certificate. 

98- 01067 

The following members of the Board considered this application in 
Executive Session on 19 August  1998, under the provisions of AFI 
36-2603: 

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Walter J. Hosey, Member 
Mr. Henry Romo, Jr., Member 
Ms. Gloria J. Williams, Examiner (without vote) 

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

as recommended.  The 

Exhibit A .  
Exhibit B. 
Exhibit C. 
Exhibit D. 

DD Form 149, dated 27 February 1995, w/atchs. 
Applicant's Master Personnel Records. 
AFDRB Brief, dated 1 April 1998. 
Letter, AFBCMR, dated 21 April 1998. 

c 

Panel Chair 

3 



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