RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00552
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under than honorable conditions (UOTHC) discharge be upgraded.
_________________________________________________________________
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 is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Mil Personnel Mgt Specialist, Separations Branch, AFPC/DPPRS,
reviewed the application and states that based on the information
submitted in the case and considering the offenses that caused the
applicant to be given a UOTHC discharge, they would have no objection
to an upgrade of his discharge to an under honorable conditions
(general) discharge.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
27 May 1999, for review and response. 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 become 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 in the form of an upgrade to general, under
honorable conditions, is appropriate as a matter of equity and on the
basis of clemency. Applicant’s request for a fully honorable
discharge was considered; however, we do not believe that the overall
record supports a further upgrade.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to reflect that on 19 November
1965, he was discharged with service characterized as general (under
honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 10 August 1999, under the provisions of AFI 36-
2603:
Mr. Benedict A. Kausal, Panel Chair
Mr. John E. Pettit, Member
Mr. Joseph A. Roj, Member
Ms. Gloria J. Williams, Examiner (without vote)
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 8 May 99.
Exhibit D. Letter, AFBCMR, dated 27 May 99.
BENEDICT A. KAUSAL
Panel Chair
AFBCMR 99-00552
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 19 November
1965, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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He then received a third court-martial conviction for failure to go. The records indicate member’s military service was reviewed and appropriate action was taken. A complete copy of the Air Force evaluation is attached at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and states that after receiving what he was told to be a general discharge, because of financial and family problems, he went to flight school.
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