SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02680
INDEX NUMBER:110.02
COUNSEL: NONE
___________________________________________________________________
APPLICANT REQUESTS THAT:
His 14 September 1957 undesirable discharge be upgraded to
honorable.
___________________________________________________________________
RESUME OF CASE:
On 23 March 1999, the AFBCMR considered and denied applicant’s
request for upgrade of his undesirable discharge (Exhibits A
through C).
Subsequent to the Board, applicant provided three letters of
character reference for the Board’s consideration. On 20 July
1999, the Board considered the additional documentation provided by
the applicant, as well as an FBI report, and found no basis to
overturn its earlier determination denying the applicant’s request.
(Exhibit D and E).
By letter, dated 2 November 1999, the applicant requested
reconsideration of his appeal and submitted a Certificate of
Pardon, issued on 23 April 1991, for the Board’s consideration
(Exhibit F).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
The Board took note of the Certificate of Pardon, issued to the
applicant in 1991, pardoning him for three offenses committed
subsequent to his discharge from the Air Force. However, inasmuch
as the facts surrounding the applicant’s discharge are unknown, and
in view of the remaining contents of the FBI Report of
Investigation, the majority of the Board remains unpersuaded that
an upgrade of the applicant’s characterization of service is
warranted on the basis of clemency. Accordingly, the majority of
the Board found no basis to disburb the Board’s earlier
determination denying the applicant’s request.
___________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 24 October 2000, under the provisions of AFI
36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Dorothy P. Loeb, Member
By a majority vote, the members voted to deny the request.
Ms. Loeb voted to upgrade the applicant’s discharge to general and
did not desire to submit a minority report. The following
additional documentary evidence was considered:
Exhibit F. Letter, Applicant, dated 2 Nov 00, w/atch.
PATRICIA J. ZARODKIEWICZ
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully considered all aspects of this case and do
not agree with the opinion of the majority of the panel that the
applicant’s request for upgrade of his 14 September 1957
undesirable discharge should be denied.
After reviewing the available documentation, I believe the
applicant’s discharge should be upgraded, on the basis of clemency.
The applicant has had to live with the adverse effects of his
undesirable discharge for over 40 years, and while the discharge
may have been appropriate at the time, I believe it would be an
injustice for him to continue to suffer from its effects. As
evidenced by the letters of character reference from co-workers and
acquaintances, it appears that the applicant has been a productive
member of society and has overcome his indiscretions.
Certainly I do not condone the behavior that led to his undesirable
discharge. Nonetheless, since it serves no useful purpose to the
Air Force or to society in general to continue the nature of his
discharge at this late date and since it appears he has become a
responsible citizen, it is my decision that his discharge be
upgraded to general (under honorable conditions). Applicant’s
request for upgrade to honorable was considered; however, without
complete knowledge of the circumstances of his discharge, further
relief is not warranted.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
AFBCMR 98-02680
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 14
September 1957, he was discharged with service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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