RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02967 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He would like to obtain a United States Coast Guard captain license for the great lakes and join the auxiliary unit. In his later years, when he moves to the Florida Keys, he wishes to obtain the sea and ocean endorsements. He has no police or drug record of any kind. Except for a few traffic violations, he has been a law abiding citizen. He owns his own home and has lived in it for over 11 years. He currently drives a school bus for the disabled and has been with the school district for almost five years. He is a member of the local American Legion chapter. He has also completed all the necessary training courses needed to take the Coast Guard Exam for a pilot/captain license with six-pack endorsement (inspected vessels, power sails). At the time of his enlistment he was too young, foolish and cocky to know what he signed up for. He has matured over the years. He has saved and paid off his house, cars, and boat, taken care of family, stayed out of trouble, and paid his taxes. He has become responsible and stable. He shows respect to his fellow man. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 16 March 1981. He served as an aerospace ground equipment mechanic. On 1 October 1981, the applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFM 39-12, Chapter 2; section A, paragraph 2-4c. The specific reason for the proposed action was; apathy and defective attitude for his grade and his demonstrated inability to expend effort constructively, as illustrated by documented failures to properly discharge assignments commensurate with his grade and experience as well as his repeated failures to maintain Air Force standards. On 1 October 1981, the applicant acknowledged receipt of the notification of discharge and his right to submit a rebuttal and make statements on his own behalf. On 7 October 1981 the applicant consulted with counsel and opted to submit a statement on his own behalf. Subsequent to the file being found legally sufficient, the discharge authority approved the recommendation for administrative discharge and directed the applicant be discharged with a general (under honorable conditions) characterization of service. The applicant was released from active duty on 20 October 1981 and was credited with 7 months and 5 days of active duty service. Pursuant to the Board's request, the FBI was unable to identify an arrest record on the basis of information furnished. On 17 December 2012, the applicant was given an opportunity to submit comments regarding his post service activities (Exhibit C). To date, this office has not received a response. ________________________________________________________________ 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. After a thorough review of the circumstances surrounding the applicant's discharge, we find no impropriety in the characterization of service. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Consideration of this Board, however, is not limited to the events that precipitated the discharge. Further, we may base our decision on matters of equity and justice, rather than simply on whether rules and regulations, which existed at the time, were followed. It appears that the applicant has led a stable and productive life and there is no evidence that he has had any subsequent serious involvement of a derogatory nature since his separation from the Air Force, considering the fact that his FBI report indicates no adverse information over the past 30 years. We understand the applicant would like to obtain a United States Coast Guard captain license and recognize the adverse impact of the discharge would have on his application. While his discharge characterization may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer its effects, therefore, we believe that corrective action is appropriate on the basis of clemency. Accordingly, we recommend that his records be corrected to the extent 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 20 October 1981, he was discharged with service characterized as Honorable and furnished an Honorable Discharge certificate. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 5 March 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02967 was considered: Exhibit A. DD Form 149, dated 18 June 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 17 December 2012 Panel Chair AFBCMR BC-2012-02967 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 it is directed that: The pertinent military records of the Department of the Air Force relating to be corrected to show that on 20 October 1981, he was discharged with service characterized as Honorable and furnished an Honorable Discharge certificate. Director Air Force Review Boards Agency