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
It appears that the 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. Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the majority of the Board is persuaded the applicant has been a productive member of society. Applicant's...
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