RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01077
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
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 Staff. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist Separations Branch, HQ
AFPC/DPPRS, reviewed this application and states that the applicant did not
identify any specific errors in the discharge processing. However,
considering applicant’s stated reason for discharge, the severity of the
crime and his otherwise honorable service record, we recommend clemency.
If a check of the Federal Bureau of Investigation files proves negative,
they recommend his undesirable discharge be upgraded to general (under
honorable conditions).
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 August 1999, a copy of the Air Force evaluation was forwarded to the
applicant 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 the member’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 he 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 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.
5. Under our broader mandate and after careful consideration of all the
facts and circumstances of the member’s case, we are persuaded that
applicant has been 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 him 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, we recommend his discharge be upgraded to one under honorable
conditions (General). We considered applicant’s request for an honorable
discharge; however, based on his overall record we do not believe that a
further upgrade is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to the service member, be corrected to show that on 16 April 1956, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 9 December 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Gregory H. Petkoff, Member
Dr. Gerald B. Kauvar, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 1999, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 22 July 1999.
Exhibit D. Letter, SAF/MIBR, dated 16 August 1999.
Exhibit E. FBI Report.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 99-01077
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 xxxxxxxxx, be corrected to show that on 13 April 1956, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
The records indicate the member’s military service was reviewed and appropriate action was taken. A complete copy of the Air Force evaluation is attached at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel states that it would appear that the petitioner would be discharged under the provisions of AFR 39-10, paragraph 5-26, 3b,c, unsatisfactory performance, or failure to maintain dress or personal hygiene. Exhibit B.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00805 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The EO recommended that the applicant be discharge for unsuitability and given a general discharge. Exhibit B.
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