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AF | BCMR | CY1999 | 9800105
Original file (9800105.doc) Auto-classification: Approved


                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00105
            INDEX CODE:  110

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

RESUME OF CASE:

On 10 Apr 98, the Board considered and denied applicant’s request  and
asked that he provide information pertaining to his  activities  since
leaving the service (see Exhibit B).

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI), Clarksburg, West Virginia,  provided  an  investigative  report
indicating they were unable to locate an arrest record (Exhibit C).

In  an  undated  four-page  letter,  applicant  requested  the   Board
reconsider his application (see Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The Board  finds  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,  the  Board  concludes   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 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.

3.    Under our broader mandate and after careful consideration of all
the  facts  and  circumstances  of  applicant's  case,  the  Board  is
persuaded that applicant has been a productive member of society.  The
Board  recognizes  the  adverse  impact  of  the  discharge  applicant
received; and, while it may have been appropriate  at  the  time,  the
Board finds that corrective action  is  appropriate  as  a  matter  of
equity and on the basis of clemency.  Therefore, the Board  recommends
his discharge be upgraded to one under honorable conditions (General).
 The Board considered upgrading  his  discharge  to  fully  honorable;
however, based on his overall record, the Board does not  recommend  a
further upgrade.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 2 Nov 49,  he  was
discharged with service  characterized  as  general  (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 December 1999, under the provisions of AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. David W. Mulgrew, Member
              Mr. Henry Romo, Jr., Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit B.  ROP, dated 29 May 98, w/atchs.
     Exhibit C.  FBI Report, dated 6 Oct 99.
     Exhibit D.  Letter fr applicant, undated.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair


INDEX CODE:  110

AFBCMR 98-00105




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 APPLICANT be corrected to show  that  on  2 November
1949, he was discharged with service characterized as  general  (under
honorable conditions).







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

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