RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00473
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The bad conduct discharge was unjust for the offense of absent without
leave (AWOL), at the time he was immature and very young.
In support of the appeal, applicant submits documents pertaining to
his post service.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 February 1948, the applicant enlisted in the Regular Air Force
in the grade of private.
The applicant pled guilty and was convicted at a special court-martial
for being AWOL from 7 August 1950 to 15 October 1950. He was
sentenced to a bad conduct discharge and 6 months confinement at hard
labor. At the time of his discharge, he had 209 days lost time.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., indicated on the basis of the data furnished they
were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, AFPC/DPPRS, reviewed the application and
states that considering the applicant’s age at the time of the
incident, the severity of the crime, and his contributions to society
over the past 48 years, they recommend clemency. If a check of the
Federal Bureau of Investigation files proves negative, they recommend
the discharge be upgraded to under honorable conditions (general)
discharge.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 June 1999, a copy of the Air Force evaluation was forwarded to
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. We find 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, we conclude the discharge proceedings
were proper 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 on 23 March 1951, he
was discharged with characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 5 October 1999, under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Edward H. Parker, Member
Ms. Phyllis L. Spence, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 12 May 99.
Exhibit E. Letter, AFBCMR, dated 1 Jun 99.
BARBARA A. WESTGATE
Panel Chair
AFBCMR 99-00473
INDEX CODE: 110.00
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 xxxxxxxx, be corrected to show that on 23 March
1951, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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