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AF | BCMR | CY1999 | BC-1995-01952A
Original file (BC-1995-01952A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER: 95-01952
                                        INDEX CODE 106.00
                                        COUNSEL:  None

                                        HEARING DESIRED:  No

_________________________________________________________________

RESUME OF CASE:

On October 6, 1995, the Board considered  and  denied  an  application
from the widow, who requested that her late husband’s 1954 bad conduct
discharge (BCD) be upgraded to honorable.

A copy of the  Record  of  Proceedings  (ROP),  with  attachments,  is
provided at Exhibit C.

The applicant has sent in  character  references  regarding  her  late
husband from the sheriff, chief of police, and  others,  and  requests
reconsideration.

The applicant’s complete submission is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    We find no impropriety in  the  characterization  of  decedent’s
discharge.   It  appears  that  the  responsible   officials   applied
appropriate standards in effecting the separation, and we do not  find
persuasive evidence that pertinent regulations were violated  or  that
the decedent 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.

2.    Consideration of this Board, however,  is  not  limited  to  the
events that 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 the applicant's case, we are  persuaded
that her late husband became  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 his name and  his  family  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,  in  view
of the above, we recommend the decedent’s  discharge  be  upgraded  to
honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the DECEDENT be corrected to show that on 1 November 1954,
he was honorably discharged with and furnished an Honorable  Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 October 1999, under the provisions of AFI  36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. Vaughn E. Schlunz, Member
                  Ms. Kathy L. Boockholdt, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit C.  Record of Proceedings, dated 6 Oct 95, w/atchs.
   Exhibit D.  Applicant's Letters, undated, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair


AFBCMR 95-01952




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  on
1 November 1954, he was honorably discharged  with  and  furnished  an
Honorable Discharge certificate.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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