SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1985-03480
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 general.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was convicted on 5 March 1957 of robbery and assault on an
officer and sentenced to seven years’ imprisonment. The sentence was
suspended for good behavior. He was discharged under other than honorable
conditions on 30 April 1957 by reason of conviction by civil court. He had
served 1 year, 2 months, and 9 days active service with no time lost.
On 23 February 1985, the applicant submitted an application requesting that
his undesirable discharge be upgraded to general under honorable
conditions. On 20 February 1986, the Board considered and denied the
applicant’s request. A complete copy of the Record of Proceedings is
attached at Exhibit E.
In an undated application, the applicant submitted another request that his
discharge be upgraded to general. In support of his appeal, he provided a
personal statement; and a copy of an Order to Seal by the state of
Arkansas. On 3 December 2002, the Board advised the applicant that he had
not provided information to the Board regarding post-service activities
since leaving the service. On 18 December 2002, applicant responded by
providing character reference letters; a copy of an Honorary Deputy Sheriff
badge; copies of his DD Form 214 and undesirable discharge certificate; his
Alcoholics Anonymous coin and a recorded message on a cassette tape
outlining in detail his pre/post service activities. Applicant advises on
tape that due to the arthritis in his hands he is not able to legibly write
a letter. On 24 March 2003, the Board considered and denied the
applicant’s request. A complete copy of the Record of Proceedings is
attached at Exhibit F.
On 8 December 2003, the applicant resubmits a request that his discharge be
upgraded to general. In support of his appeal, he
provides a copy of his pardon by the state of Arkansas. His complete
submission, with attachment, is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant an upgrade of the applicant’s discharge based on
clemency. However, after a careful reconsideration of his request and his
most recent submission, a pardon from the Governor of Arkansas, we are
persuaded that an upgrade of the applicant’s discharge is warranted. It
appears that he has led a stable and productive life and it appears that
there is no evidence that he has had any subsequent involvement of a
derogatory nature since his separation from the Air Force. In light of the
above, and since it has been over 46 years ago since his discharge, we
believe that it would be an injustice for him to continue to suffer the
adverse effects of an undesirable discharge. Therefore on the basis of
clemency, we believe an upgrade of his discharge to general (under
honorable conditions) is warranted. Accordingly, we recommend that his
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 3 April 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 30 January 2004, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Carolyn B. Willis, Member
All members voted to correct the record as recommended. The following
documentary evidence was considered:
Exhibit E. Record of Proceedings, dtd 24 Apr 86, w/atchs.
Exhibit F. Record of Proceedings, dtd 24 Mar 03, w/atchs.
Exhibit G. Letter, Applicant, dtd 8 Dec 03, w/atch.
WAYNE R. GRACIE
Panel Chair
AFBCMR 85-03480
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air
Force relating to XXXXXXXXXX be corrected to show that on 3 April
1957, he was discharged with service characterized as general (under
honorable conditions).
JOE G.
LINEBERGER
Director
Air Force
Review Board Agency
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