ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01215
INDEX CODE: 106.00
COUNSEL: Todd A. McConaghy
HEARING DESIRED: Yes
RESUME OF CASE:
In an application dated 3 June 1999, applicant requested that his
undesirable discharge be upgraded to honorable.
On 17 August 1999, the Board considered and denied applicant’s
request. After reviewing applicant’s request, the Board noted that
since applicant’s records were destroyed by the fire in 1973, there
were no records to be reviewed. In addition, applicant did not submit
any documentation revealing the circumstances of his discharge.
Therefore, the Board concluded that based on the presumption of
regularity in the conduct of government affairs, that applicant’s
discharge was proper and in compliance with appropriate directives. A
complete copy of the Record of Proceedings is attached at Exhibit B.
Applicant submitted additional information dated 29 September 1999 and
requested reconsideration of his application (Exhibit C). The request
for reconsideration was approved and his case has been reopened.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit D.
THE BOARD CONCLUDES THAT:
1. After thoroughly reviewing the new documentation, we again 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. We
conclude, therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
2. Additionally, we also find insufficient evidence to warrant a
recommendation that the discharge be upgraded on the basis of
clemency. We have considered applicant's apparent overall quality of
service and available evidence related to post-service activities and
accomplishments. While we commend applicant on his apparent
accomplishments since his discharge from active duty the Air Force, we
are not persuaded that clemency is warranted based on the current
evidence of record.
3. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 14 December 1999, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Mike Novel, Member
Mr. Philip Sheuerman, Member
The following documentary evidence was considered:
Exhibit B. ROP, dated 18 Aug 99, w/atchs.
Exhibit C. Letter, Counsel, dated 29 Sep 99, w/atchs.
Exhibit D. FBI Report.
CHARLENE M. BRADLEY
Panel Chair
___________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, AFPC/DPPRS, reviewed this application and recommended upgrading the discharge to general on the basis of clemency, provided a check of FBI files proves negative. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 7...
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He served four years on active duty with 106 days lost time. We also considered upgrading his discharge based on clemency; however, noting his apparent misconduct following his discharge as indicated on the FBI report, we do not believe a recommendation that the characterization of his discharge be upgraded on that basis is warranted. Exhibit B. Applicant’s Available Master Personnel Records.
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