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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