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AF | BCMR | CY2006 | BC2006-02792
Original file (BC2006-02792.DOC) Auto-classification: Approved

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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