MEMORANDUM FOR
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DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
Office Of The Assistant Secretary
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03543
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he again
requests his under honorable conditions (general) discharge be
upgraded to honorable.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged with a general (under honorable
conditions) discharge on 15 October 1985 because of misconduct-
pattern conduct prejudicial to good order and discipline. An
RE-2B was assigned. At the time of his separation, he was
credited with 3 years, 10 months and 13 days of active duty
service.
On 25 January 2007, the applicant’s request that his discharge
be upgraded to honorable was considered and denied by the Air
Force Board for Correction of Military Records (AFBCMR). A
complete copy of the Record of Proceedings is attached at
Exhibit F.
The applicant submitted an application dated 23 February 2007,
again requesting that his under honorable conditions (general)
discharge be upgraded to honorable. In support of his request,
he provided a personal statement, a copy of his DD Form 214, a
copy of his request for waiver, a three character references.
The applicant’s complete submission is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice
warranting an upgrade of his discharge based on clemency. We
again find no error in the discharge action taken against the
applicant. However, consideration of this Board 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 inequity 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.
2. 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
Force relating to BARRY P. ROBINSON, 427-17-1749, be corrected
to show that on 15 October 1985, he was honorably discharged and
furnished an Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 22 March 2007, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Garry G. Sauner, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 7 Feb 07, w/atchs.
Exhibit G. Applicant’s Application, dated 23 Feb 07,
w/atchs.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-2006-03543
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 15 October 1985, he was honorably discharged and
furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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