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AF | BCMR | CY2008 | BC-2008-00256
Original file (BC-2008-00256.DOC) Auto-classification: Approved

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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