ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-01952
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
RESUME OF CASE:
On October 6, 1995, the Board considered and denied an application
from the widow, who requested that her late husband’s 1954 bad conduct
discharge (BCD) be upgraded to honorable.
A copy of the Record of Proceedings (ROP), with attachments, is
provided at Exhibit C.
The applicant has sent in character references regarding her late
husband from the sheriff, chief of police, and others, and requests
reconsideration.
The applicant’s complete submission is at Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. We find no impropriety in the characterization of decedent’s
discharge. 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
the decedent 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.
2. Consideration of this Board, however, is not limited to the
events that 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.
3. Under our broader mandate and after careful consideration of all
the facts and circumstances of the applicant's case, we are persuaded
that her late husband became a productive member of society. We
recognize the adverse impact of the discharge he received and, while
it may have been appropriate at the time, we believe it would be an
injustice for his name and his family 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, in view
of the above, we recommend the decedent’s discharge be upgraded to
honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the DECEDENT be corrected to show that on 1 November 1954,
he was honorably discharged with and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 October 1999, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Vaughn E. Schlunz, Member
Ms. Kathy L. Boockholdt, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit C. Record of Proceedings, dated 6 Oct 95, w/atchs.
Exhibit D. Applicant's Letters, undated, w/atchs.
CHARLES E. BENNETT
Panel Chair
AFBCMR 95-01952
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:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on
1 November 1954, he was honorably discharged with and furnished an
Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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