RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01497
INDEX CODE: 110.00
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable based on clemency.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and married. There were a lot of things going on in
his life at that time and he made mistakes. He regrets his
mistakes. His life has changed from those early years. He has
remarried and been active in his church for 26 years.
In support of his request, the applicant provides a statement, a
copy of his DD Form 214, Certificate of Release or Discharge from
Active Duty and two character letters.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Aug 57, the applicant contracted his enlistment in the
Regular Air Force. He was promoted to the grade of airman third
class staff with date of rank of 9 Nov 57.
The applicants commander notified him that he was recommending
his discharge from the Air Force for unsuitability. The specific
reasons for the discharge action were his duty performance, his
punctuality, his appearance were below acceptable standards and
unacceptable, and he was disrespectful and insubordinate to
airmen one grade above him.
His commander advised him of his rights in this matter.
On 5 Sep 58, he acknowledged receipt of the notification of
discharge and after consulting with legal counsel waived his
rights associated with a discharge board.
On 30 Sep 58, the discharge authority approved the separation and
directed discharge with general discharge.
He was discharged on 9 Oct 58. He served 1 year, 1 month and 24
days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the data furnished,
they were unable to locate an arrest record.
_________________________________________________________________
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. Taking into consideration the available post-service
information, it appears likely that applicant has overcome the
behavioral traits which led to the discharge action and has led a
stable and productive life since the separation. 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 9 October 1958,
he was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-01497 in Executive Session on 14 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2010-01497 was considered:
Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Panel Chair
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