RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02792
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE 18 JANUARY 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know that he could have had military counsel. He was discharged
while he was in jail.
In support of his request, applicant submits a personal statement and a
number of character witness statements.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation cannot be verified.
_________________________________________________________________
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 to timely file.
3. We find no impropriety in the characterization of applicant's
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge.
Considered alone, we conclude the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. Consideration of this Board, however, is not limited to the events
which precipitated the discharge. We have a Congressional mandate which
permits consideration of other factors; e.g., applicant's background, the
overall quality of service, and post-service activities and
accomplishments. Further, we may base our decision on matters of equity
and clemency rather than simply on whether rules and regulations which
existed at the time were followed. This is a much broader consideration
than officials involved in the discharge were permitted, and our decision
in no way discredits the validity of theirs.
5. Under our broader mandate and after careful consideration of all the
facts and circumstances of applicant's case, we are persuaded that
applicant has overcome the behavioral traits which led to the contested
discharge and has been a productive member of society. We recognize the
adverse impact of the discharge applicant received; and, while it may have
been appropriate at the time, we believe it would be an injustice for
applicant to continue to suffer its effects. Accordingly, we find that
corrective action is appropriate as a matter of equity and on the basis of
clemency.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air relating to the
Applicant be corrected to show that on 30 July 1955, he was separated with
a general (under honorable conditions) discharge.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 25 October 2006, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Gary G. Sauner, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 06.
KATHLEEN F. GRAHAM
Panel Chair
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Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. KATHLEEN F. GRAHAM Panel Chair AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS CASE TRANSMITTAL / COORDINATION RECORD IN THE MATTER OF: DOCKET NO: BC-2006-02792 ROUTE IN TURN INITIALS DATE 1. Sincerely RALPH J. PRETE Chief Examiner Air Force Board for Correction of Military Records Attachment: Record of Board Proceedings
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