ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00415
INDEX CODE: 110.00
APPLICANT COUNSEL: NO
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's request for reconsideration, he requests his under other
than honorable conditions (UOTHC) discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 November 1952 as an
airman basic for a period of four (4) years. He was court-martialed for
being absent without leave (AWOL). The applicant was discharged on 21
September 1956, with an UOTHC discharge for unfitness.
The applicant's request to have his discharge upgraded was considered and
denied by the Board on 9 August 2000. For an accounting of the facts and
circumstances surrounding the applicant's eligibility for receiving the
requested decoration, and the rationale of the earlier decisions by the
Board, see the Record of Proceedings, with attachments, at Exhibit F.
The applicant’s brother submitted a letter (undated) requesting
reconsideration of his brother’s request to have his discharge upgraded.
On 13 January 2003, in response to the brother’s request, AFBCMR forwarded
a letter to the applicant informing him the request did not meet the
criteria for reconsideration (Exhibit G).
In a letter dated 16 January 2003, the applicant is again requesting
reconsideration to have his discharge upgraded. In support of his request
he submitted an employment appraisal and characters letters from employers
and co-workers (Exhibit H).
_________________________________________________________________
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 of timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting an upgrade of the applicant’s
discharge. No evidence has been presented which would lead the Board to
believe the service member’s discharge was improper or contrary to the
directive under which it was effected. Nevertheless, we note that the
applicant has had to live with the adverse effects of his under other than
honorable conditions discharge for over 46 years and we believe it would be
an injustice for him to continue to suffer from its effects. From the
documentation submitted, it appears that he has made a successful
transition to civilian life; therefore, we are of the opinion that
upgrading the service member’s discharge to general (under honorable
conditions), based on clemency, would be appropriate. Applicant’s request
for an honorable discharge was considered but based on the overall record,
a further upgrade is not warranted. Therefore, we recommend the service
member’s records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 21 September 1956, he was
discharged with the service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 00-00415
in Executive Session on 25 March 2003, under the provisions of AFI 36-2603:
Ms. Martha Maust, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Clarence D. Long III, Member
All members voted to correct the records as recommended. The following
documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 9 Aug 00, w/atchs.
Exhibit G. Letter, CMSgt C.S., USAF (Ret), undated.
Exhibit H. Applicant’s Reconsideration Request, dated
16 Jan 03.
MARTHA MAUST
Panel Chair
AFBCMR 00-00415
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction for 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, SSN, be corrected to show that on 21 September 1956,
he was discharged with the service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2002 | BC-2002-03148
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AF | BCMR | CY2003 | BC-2002-03148
He received a General Under Honorable Conditions discharge under the provisions of AFR 39-16 (Discharge of Airmen During Their First Enlistment - Unsuitability). DPPRS notes also that the applicant provided no evidence of any errors or injustices that occurred during discharge processing, nor did the applicant provide any facts warranting an upgrade of the discharge he received. Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Nov 02.
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