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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