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
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. CHIEF EXAMINER ________ ________
(Coord/Signature)
2. EXECUTIVE DIRECTOR ________ ________
(Coordination)
3. Ms. Kathleen F. Graham
PANEL CHAIR
(Signature on Proceedings) ________ ________
4. SAF/MRB ________ ________
6. AFBCMR (Processing)
RALPH PRETE
ChiefExaminer
Air Force Board for Correction
of Military Records
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
Your application to the Air Force Board for Correction of Military Records,
AFBCMR BC-2006-02792, has been finalized.
The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force. The office responsible for making the correction
will inform you when your records have been changed.
After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records. This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records. It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim. Because of the number and complexity
of claims workload, you should expect some delay. We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.
Sincerely
RALPH
J. PRETE
Chief
Examiner
Air
Force Board for Correction
of
Military Records
Attachment:
Record of Board Proceedings
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