ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1987-02378
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his bad conduct
discharge be upgraded to general.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 20 October
1970 for a period of four years. He was progressively promoted to the
grade of airman, with an effective date and date of rank of 3 December
1970. On 14 June 1971, he received an Article 15 for absence without
authority (AWOL), with a punishment consisting of a suspended reduction in
rank, 30 days of extra duties and restriction to base. His suspended
reduction in rank to airman basic was vacated on 19 July 1971 for failure
to go to his assigned duty area.
The applicant was tried by special court-martial on 27 January 1972 for
being absent without authority (AWOL) from his organization, in violation
of Article 86, UCMJ, and an additional charge of AWOL from his place of
duty, in violation of Article 86, UCMJ. He pled guilty to both charges and
specifications. The applicant was sentenced to confinement at hard labor
for three months, forfeiture of $165.00 pay per month for three months and
a bad conduct discharge. On 15 February 1972, the sentence was approved by
the convening authority. The Air Force Court of Military Review affirmed
the findings of guilty and the sentence on 24 March 1972. The sentence was
ordered executed by the convening authority on 10 May 1972, but the portion
of the sentence pertaining to forfeitures which remained unexecuted was
remitted.
On 10 May 1972, the applicant was discharged with a bad conduct discharge
in the grade of airman basic (E-1) and credited with 1 year and 15 days of
active duty service. At the time of his separation, the applicant had 156
days of lost time.
A similar appeal was considered and denied as untimely by the Board on 12
November 1987. A summary of the evidence considered by the Board and the
rationale for its decision is set forth in the Record of Proceedings, which
is attached at Exhibit H.
The applicant submitted a request for reconsideration, contending that
clemency is warranted because he has been a good citizen since his
discharge. He was young, confused and mentally distressed when he went
AWOL. He believes the punishment he received for being AWOL was too harsh;
however, he paid the price for his misconduct. In support of his request,
applicant submits character reference letters, medical statements and
certificates of appreciation. The applicant’s complete submission is at
Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In earlier findings in this case, the Board determined that the
application was not timely filed and that it would not be in the interest
of justice to excuse the failure to timely file. However, upon review of
the additional evidence, we have determined that it would be in the
interest of justice to waive the failure to timely file and to resolve this
case on its merit.
2. After again reviewing this application and the evidence provided in
support of the appeal, we are persuaded that relief is warranted in this
case on the basis of clemency. We have seen no evidence to show that the
applicant’s discharge was erroneous or unjust. Nevertheless, after
reviewing applicant’s most recent submission, we are of the opinion that he
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, we believe the continued imposition of the bad
conduct 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.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that, on 10 May 1972, he was discharged
with service characterized as general (under honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 27 May 2004, under the provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Michael J. Novel, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered in connection with AFBCMR Docket Number
BC-1987-02378.
Exhibit H. Record of Proceedings, dated 7 December 1987,
with Exhibits.
Exhibit I. DD Form 293, dated 25 September 2003, with
attachments.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-1987-02378
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 10 May 1972, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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