ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03010
(RECON of BC-1981-02511)
INDEX CODE: 110.02
XXXXXXXX COUNSEL: NONE
XXXXXXX 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 based on clemency.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 13 November
1981. 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 D.
Applicant requested reconsideration of his application by letter dated 25
Apr 82; however, since he provided no new evidence for review, his request
was not processed for consideration by the Air Force Board for Correction
of Military Records (AFBCMR). By letter, dated 9 Jul 04, through his
member of congress, applicant submitted another request for
reconsideration. However, it was determined that his request did not meet
the criteria for reconsideration (Exhibit E).
On 12 Sep 04, applicant requested his UOTHC discharge be upgraded based on
clemency, contending his discharge was based on a misunderstanding.
In support of his appeal, applicant provided a personal statement; letters
of character reference from associates and his pastor; and extracts from
his master personnel records. The applicant’s complete submission is at
Exhibit F.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 6 Dec 04, that, on the basis of data
furnished, they are unable to locate an arrest record (Exhibit J).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed the applicant’s request. Based on the lack of
documentation in the file, they were unable to determine the propriety of
the discharge. They noted applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge processing
and provided no other facts warranting a change to his character of
service.
This evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted a personal statement for the Board’s review in
which he related his account of the events which led to his discharge.
Applicant provided additional documents including a personal statement;
copies of documents from his master personnel record, and a letter from the
police department, dated 9 Nov 04.
The applicant’s review is at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
We note that the circumstances surrounding the applicant’s discharge are
not available. However, based upon the presumption of regularity in the
conduct of governmental affairs and without evidence to the contrary, we
must assume that his discharge was proper and in compliance with
appropriate regulations in effect at the time. Nonetheless, the applicant
has had to live with the adverse effects of his under other than honorable
conditions (UOTHC) discharge for over 60 years, and while it may have been
appropriate at the time, we believe it would be an injustice for him to
continue to suffer from its effects. It appears that the applicant has
been a responsible citizen and productive member of society since his
separation. This is evidenced by the letters of character reference
submitted in his behalf, as well as the absence of any derogatory
involvement with civil authorities. Since it serves no useful purpose to
the Air Force or to society in general to continue the nature of his
discharge at this late date, we recommend the applicant’s characterization
of service be upgraded to honorable on the basis of clemency.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 20 December 1943 he was
honorably discharged and issued an Honorable Discharge Certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1981-
02511 in Executive Session on 11 January 2005, under the provisions of AFI
36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. Patrick C. Daugherty, Member
Mrs. Barbara R. Murray, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit D. Record of Proceedings, dated 22 Feb 82.
Exhibit E. Reconsideration Requests, dated 6 May 82 and
9 July 2004, w/atchs.
Exhibit F. DD Form 149, dated 12 Sep 04, w/atchs.
Exhibit G. Letter, HQ AFPC/DPPRS, dated 4 Oct 04.
Exhibit H. Letter, SAF/MRBR, dated 8 Oct 04.
Exhibit I. Letter, Applicant, dated 17 Oct 04, w/atchs.
Exhibit J. FBI Report of Investigation, dated 6 Dec 04.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-1981-02511
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 XXXXXXX, be corrected to show that on 20 December 1943 he was
honorably discharged and issued an Honorable Discharge Certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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