ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 91-02978
INDEX CODE: 110
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general, under
honorable conditions.
_________________________________________________________________
RESUME OF CASE:
In an application, dated 5 Jun 91, the applicant requested that his
discharge be upgraded to honorable.
The Board considered and denied applicant’s request on the basis of
the comments from the Office of the Judge Advocate. On 24 Jan 1992,
applicant was advised of the Board’s decision (see Exhibit F).
On 1 Nov 99, the applicant submitted additional documentation and
requested the Board upgrade his BCD to general, under honorable
conditions (see Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The Board finds 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. Considered alone, the Board concludes 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 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.
3. Under our broader mandate and after careful consideration of
all the facts and circumstances of applicant's case, we are persuaded
that applicant has been a productive member of society. We recognize
the adverse impact of the discharge applicant received; and, while it
may have been appropriate at the time, we believe it would be an
injustice for applicant 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).
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 14 Sep 88, 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 February 2000, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Wayne R. Gracie, Member
Ms. Sophie Clark, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit F. ROP, dated 24 Jan 92, w/atchs.
Exhibit G. DD Fm 293, dated 1 Nov 99, w/atchs.
Exhibit H. FBI Report, dated 21 Dec 99.
CHARLES E. BENNETT
Panel Chair
INDEX CODE: 110
AFBCMR 91-02978
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 14 September 1988,
he was discharged with service characterized as general (under
honorable conditions).
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
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