ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1995-00665
INDEX CODE: 110.00
COUNSEL: NONE
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 a general (under
honorable conditions) or an honorable discharge.
_________________________________________________________________
STATEMENT OF FACTS:
The facts pertaining to this application, extracted from the applicant's
military records, are contained in the Air Force Discharge Review Board
(AFDRB) brief which is at Exhibit B.
On 3 December 1986, the AFDRB considered and denied the applicant’s request
to upgrade his discharge to honorable. They concluded the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority and the applicant was provided full administrative due process.
The Board further concluded there existed no legal or equitable basis for
upgrade of discharge; thus, the applicant’s discharge should not be
changed.
In an application to the Air Force Board for Correction for Military
Records (AFBCMR) dated 10 February 1995, the applicant requested his UOTHC
discharge be upgraded to an honorable discharge. On 9 August 1995, the
Board considered and denied the applicant’s request. A complete copy of
the Record of Proceedings (ROP), with attachments, is at Exhibit C.
In an application dated 18 April 2005, the Board staff received the
applicant’s request, with attachments, for reconsideration. (Exhibit D).
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, indicated they were unable to identify with an
arrest record on the basis of information furnished (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After thoroughly reviewing the evidence of record, we see no evidence to
show the applicant’s discharge was erroneous or unjust. However, while the
discharge may have been appropriate at the time, we believe an upgrade is
warranted in this case. The Board notes the applicant’s FBI report
contains no entries prior or subsequent to his enlistment in the Air Force.
In view of the applicant’s apparent successful transition to civilian
life, as evidenced by his post-service accomplishments, the Board is of the
opinion that upgrading the applicant’s discharge to general (under
honorable conditions), based on clemency would be appropriate. Therefore,
we recommend the applicant'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 26 December 1978, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1995-
00665 in Executive Session on 26 July 2005, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Marcia Jane Bachman, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit C. Record of Proceedings, dated 9 Aug 95, w/atchs.
Exhibit D. DD Form 293, dated 18 Apr 05, w/atchs.
Exhibit E. Negative FBI Report.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-1995-00665
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 26 December 1978, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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