ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1990-00461
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general (under honorable
conditions.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records are not available. Data extracted
from available documentation reflects he was discharged on 21 Jan 59 under
the provisions of AFR 39-17 (unfitness) with an undesirable discharge. The
reasons for his discharge were on 17 Apr 58, he was court-martialed for
being disrespectful in language toward an NCO, and sentenced to 30 days
confinement and forfeiture of $50; on 19 Nov 58, he was fined $100 and
costs for a civil conviction of malicious destruction of property. He
served 2 years, 3 months and 17 days on active duty, with 25 days lost
time.
On 12 Jun 90, his request that his undesirable discharge be upgraded to
honorable was considered and denied as untimely by the Board. For an
accounting of the facts surrounding his previous request and the rationale
of the Board's earlier decision, see the Record of Proceedings with
Exhibits, at Exhibit F.
In his request for reconsideration applicant provides an account of an
incident which he believes led to the administrative discharge action. He
states he was not represented by counsel during the discharge process and
had he had representation he would possibly have been restricted to the
base, rather than discharged. Under today's standards, he would have
received a general discharge. Applicant believes his penalty was too harsh
given the fact that he gave the Air Force three years of high quality
service and was a talented and dedicated mechanic. His complete
submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After review of this application, 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.
2. 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.
3. Under our broader mandate and after careful consideration of all the
facts and circumstances of applicant's case, it appears the 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 received; and, while it may have been appropriate at the
time, we believe it would be an injustice for him to continue to suffer its
effects of the discharge he received over 48 years ago. Therefore, we
believe an upgrade of the characterization of his service to one under
honorable conditions (general) is warranted 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 21 January 1959, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1990-
00461 in Executive Session on 8 May 07, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Kathleen B. O'Sullivan, Member
Mr. Garry G. Sauner, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 12 Jun 90, w/Exhibits.
Exhibit G. Letter, Applicant, dated 28 Mar 07, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-1990-00461
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 APPLICANT, be corrected to show that on 21 January
1959, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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