RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00256
INDEX CODE: 110.00
xxxxxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wrongfully accused of taking another airman's money from his wallet
that he found in the garbage can while he was in charge of laundry that had
been cleaned. He was never provided an opportunity to defend himself at a
trial and his commanding officer would not listen to him.
In support of his request, applicant provided a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
It appears the applicant's military records were destroyed by fire at the
National Personnel Records Center, St. Louis, MO in 1973. Therefore,
information pertaining to his military service and the facts surrounding
his discharge from the Air Force cannot be verified. Data extracted from
the reconstructed record reflects that he enlisted in the Regular Air Force
on 10 Apr 57 and was discharged on 11 Sep 57 with an under other than
honorable conditions discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
indicated they were unable to locate an arrest record based on the
information provided.
On 10 Mar 08, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days.
Applicant provided a chronology of his Air Force service and post service.
In addition, applicant provided a list of references. Applicant's complete
letter is at Exhibit C.
_________________________________________________________________
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. The Board finds 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. The
applicant has not shown the characterization of the discharge was contrary
to the provisions of the governing regulation, nor has it been shown the
nature of the discharge was unduly harsh or disproportionate to the
offenses committed. 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. We recognize the adverse impact of the discharge the applicant
received; and, while it may have been appropriate at the time, we believe
it would be an injustice for the applicant to continue to suffer its
effects. Accordingly, we find that corrective action is appropriate on the
basis of clemency and recommend the records be corrected as 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 11 September 1957, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered Docket Number BC-2008-00256
in Executive Session on 8 Apr 08 under the provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Garry G. Sauner, Member
The following documentary evidence pertaining to Docket Number BC-2008-
00256 was considered:
Exhibit A. DD Form 149, dated 17 Dec 07, w/atch.
Exhibit B. FBI Negative Reply, dated 6 Feb 08.
Exhibit C. Letter, Applicant, dated 19 Mar 08.
RITA S. LOONEY
Panel Chair
AFBCMR BC-2008-00556
MEMROANDUM 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 xxxxxxxxxxxxxxxxxxxxx, be corrected to show that on
11 September 1957, he was discharged with service characterized as
general (under honorable conditions).
JOE G.
LINEBERGER
Director
Air Force
Review Board Agency
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