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AF | BCMR | CY1999 | BC-1996-02336A
Original file (BC-1996-02336A.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  96-02336
                 INDEX CODE:  110

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

RESUME OF CASE:

On 8 November 1996, the Board considered and denied an application for
correction of military records pertaining to subject  applicant.   The
applicant requested that his  undesirable  discharge  be  upgraded  to
honorable.  (A copy of the Record of  Proceedings,  dated  8  November
1996, with attachments, is attached at Exhibit C).

Applicant’s widow, now referred to as applicant, has  submitted  a  DD
Form 149, dated 2 March  1999,  requesting  that  her  late  husband’s
service record be changed to  a  general  under  honorable  conditions
discharge.

Applicant’s request, with attachments, is attached at Exhibit D.

_________________________________________________________________

On 6 May 1999, the AFBCMR corresponded with applicant and stated  that
it would  be  beneficial  to  her  application  if  she  would  submit
information regarding her late husband’s activities since leaving  the
service.  This information should include  statements  from  his  past
employers; letters from responsible persons  who  knew  him  will  and
could attest to his  character  and  standing  in  the  community  (to
include his pastor, neighbors and credit references).  (Exhibit E).

The applicant submitted a statement and additional character reference
statements which are attached at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice warranting an upgrade of  the
applicant’s discharge  to  general.   In  a  previous  review  of  the
deceased former service  member’s  request  to  have  his  undesirable
discharge upgraded to  honorable,  the  Board  concluded  that  absent
persuasive  evidence  he  was  denied  rights   to   which   entitled,
appropriate regulations were not followed,  or  appropriate  standards
were not applied, there was no basis to disturb the existing record.

Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  Our Congressional  mandate  permits
consideration of other factors such as the  deceased  former  member’s
background,  the  overall  quality  of   service,   and   post-service
activities and  accomplishments.   The  Board  had  suggested  to  the
applicant (widow) that if she could provide  documentation  pertaining
to her late husband’s post-service conduct, we  would  reconsider  her
request.  The applicant responded to the  Board’s  invitation.   After
careful consideration of all the facts and circumstances of the  case,
and the positive post-service information submitted, we are  persuaded
that the deceased former member was a productive  member  of  society.
We recognize the adverse impact of the discharge received;  and  while
it may have been appropriate at the time, we believe that  after  some
30 years it would be an injustice to the service  member’s  memory  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  the  discharge  be  upgraded  to
general (under honorable conditions).

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 25 May 1970 he was
discharged  under  the  provisions  of   AFM   39-12,   with   service
characterized as general (under honorable conditions).

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 September 1999, under the provisions of AFI 36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Frederick R. Beaman III, Member
              Ms. Sophie A. Clark, Member

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

   Exhibit C.  ROP, dated 8 Nov 96.
   Exhibit D.  DD Fm 149, dated 2 Mar 99, w/atchs.
   Exhibit E.  Letter, AFBCMR, dated 6 May 99.
   Exhibit F.  Applicant’s Letter, undated, w/atchs.



                                   DAVID C. VAN GASBECK
                                   Panel Chair

INDEX CODE:  110

AFBCMR 96-02336




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 APPLICANT, be corrected to show that on 25 May 1970
he was discharged under the provisions of AFM 39-12, with service
characterized as general (under honorable conditions).








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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