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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