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AF | BCMR | CY2001 | 0002649
Original file (0002649.doc) Auto-classification: Approved


                           ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02649
                             INDEX CODE:  110.00
                             COUNSEL:  NONE

                             HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  his
undesirable discharge be upgraded to honorable or general  (under  honorable
conditions).

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged with an Undesirable  discharge  on    27  April
1951.  He served 8 months and 4 days.

On 27 September 2000, the applicant submitted an application requesting  his
discharge be upgraded to general or general under honorable conditions.   On
16 January 2001, the Board considered and denied  the  applicant’s  request.
A complete copy of the Record of Proceedings is attached at Exhibit C.

The applicant submitted an application dated 10 May 2001,  again  requesting
that his undesirable discharge be upgraded to honorable  or  general  (under
honorable conditions).  In support of his request, he provided  documenation
pertaining  to  his  post-service  conduct.   His  complete  submission   is
attached at Exhibit D.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  provided  an  investigative  report  which  is
attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.     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.

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  inequity
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 overcome the behavioral traits  which  led  to  the  contested
discharge and 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  and  recommend  his  discharge  be  upgraded  to  general   (under
honorable conditions).  Applicant’s request for an honorable  discharge  was
considered; however, based on his  overall  record,  we  do  not  believe  a
further upgrade is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 27 April 1951, he was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 November 2001, under the provisions of AFI 36-2603:
              Mr. Charles E. Bennett, 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 C.  Copy of Record of Proceedings, dated 17 Jan 01,
               w/atchs
   Exhibit D.  Application, dated 10 May 01, w/atchs.
   Exhibit E.  FBI Report.




                                   CHARLES E. BENNETT
                                   Panel Chair




AFBCMR 00-02649
INDEX CODE:  110.00




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 27 April 1951, he was discharged
with service characterized as general (under honorable conditions).







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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