RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01296
INDEX CODE: 110.00
xxxxxxxxxxxxxxxx COUNSEL: NONE
xxxxxxxxxxx HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to an honorable discharge.
APPLICANT CONTENDS THAT:
The penalty he received for going absent without leave (AWOL) was to
severe.
Applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force (Exhibit D). Accordingly,
there is no need to recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION:
The Associated Chief, Military Justice Division, AFLSA/JAJM, reviewed
this application and recommended denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided a
response, which is attached at Exhibit F.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. We find 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, we conclude the discharge proceedings
were proper and characterization of the discharge was appropriate to
the existing circumstances.
4. 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.
5. Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant has overcome the behavioral traits which led to the
contested discharge and has carried the emotional burden and stigma of
a bad conduct discharge for over thirty years. 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). Applicant’s request for
an honorable discharge was considered; however, based on the overall
record we do not believe a further upgrade is warranted.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 16 April 1958, he
was discharged with service characterized as general (under honorable
conditions).
The following members of the Board considered this application on 15
February 2000 under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. William H. Anderson, Member
Mr. Edward H. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFLSA/JAJM, dated 21 July 1999.
Exhibit E. Letter, SAF/MIBR, dated 9 August 1999.
Exhibit F. Letter, Applicant, undated.
TERRY A. YONKERS
Panel Chair
AFBCMR 99-01296
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, it is directed that:
The pertinent military records of the Department of the Air
Force relating to xxxxxxxxxxxxxxxx, xxxxxxxxxxx, be corrected to show
that on 16 April 1958, he was discharged with service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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