ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00853
COUNSEL: VFW
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his
dishonorable discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged with a dishonorable discharge on 13 June 1957
due to his court-martial conviction.
On 16 January 2001, the applicant’s request that his discharge be upgraded
to honorable was considered and denied by the Board. For an accounting of
the facts and circumstances surrounding the applicant’s separation, and,
the rationale of the earlier decision by the Board, see the Record of
Proceedings at Exhibit A.
In April 2001, the applicant submitted a request for reconsideration,
contenting that he has been a law-abiding citizen for the past 44 years and
deeply regrets his disservice to his country. To support this assertion,
the applicant provided a personal statement and statements concerning his
post-service activities. The applicant’s complete submission is at Exhibit
B.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice. After again reviewing this application
and the evidence provided in support of the appeal, we are persuaded that
some relief is warranted in this case on the basis of clemency. We have
seen no evidence to show that the applicant’s discharge, as a result of his
conviction by court-martial, was erroneous or unjust. Nevertheless, after
reviewing the evidence presented, we are of the opinion that the applicant
has provided sufficient evidence to lead us to conclude that in the years
following his separation, he has made a successful adjustment to civilian
life. In view of this fact and in consideration of the applicant’s age and
apparent immaturity at the time of his enlistment, we believe the continued
imposition of the dishonorable discharge serves no useful purpose and that,
on the basis of clemency, its stigma should be removed from his records.
Accordingly, we recommend that the applicant’s discharge be upgraded to
general, under honorable conditions. After reviewing the available records
and because of the seriousness of the misconduct that led to the
applicant’s discharge, we are not inclined to favorably consider upgrading
his service characterization to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT are corrected to show that on 13 June 1957, he was discharged
with service characterized as general (under honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 4 September 2001, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Olga M. Crerar, Member
Mr. Richard M. McCormick, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. Record of Proceedings, dated 16 January 2001,
with exhibits.
Exhibit B. Applicant’s undated letter, postmarked 4 Apr 01,
with attachments
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 00-00853
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 13 June 1957, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
_________________________________________________________________ AIR FORCE EVALUATION: The Directorate of Personnel Program Management, HQ AFPC/DPPRS, reviewed this application and states that there are no errors or irregularities causing an injustice to the applicant. Exhibit D. Letter, SAF/MIBR, dated 15 February 1999. VAUGHN E. SCHLUNZ Panel Chair AFBCMR 98-03348 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00737 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). In response, he provided a letter that is appended at Exhibit E. _________________________________________________________________ AIR FORCE...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Applicant's response to the advisory opinion is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. Accordingly, applicant's request is denied.
AF | BCMR | CY2003 | BC-1998-01567A
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01826 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO Applicant requests that his discharge be upgraded to honorable. The Board staff is directed to inform applicant of this decision. Applicant should also be informed that this decision is final and application was filed.