RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00513

		COUNSEL:  NONE

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

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APPLICANT CONTENDS THAT:

He was discharged for exceeding the weight management standards.  
His weight did not affect his job performance or duties.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 3 Jan 86, the applicant commenced his enlistment in the 
Regular Air Force.

On 15 Jul 90, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for unsatisfactory 
performance.  The reasons for the action were that his multiple 
failures to meet the weight standards prescribed in the Weight 
Management Program, for which he received three Letters of 
Reprimand, Unfavorable Information File (UIF) entries, placement 
on the control roster, and demotion to airman first class.

On 16 Jul 90, the applicant acknowledged receipt of the action 
and waived his right to respond to the action.

The legal office reviewed the case and found it legally 
sufficient and recommended he be furnished a general discharge 
without probation and rehabilitation.  The Staff Judge Advocate 
cited the following derogatory information: The applicant 
received an Article 15 for failing to obey a lawful order on 3 
Jul 90.  His punishment consisted of demotion to airman; and he 
received a UIF/LOR for driving while intoxicated (DWI) off base 
on 24 Jan 90.  

On 16 Jul 90, the discharge authority directed the applicant be 
furnished a general discharge without probation and 
rehabilitation.

On 19 Jul 90, the applicant was furnished a general (under 
honorable conditions) discharge and was credited with 4 years, 
6 months, and 17 days of active service.  

On 22 Oct 13, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred in the discharge processing.  Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority.  
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  We considered 
upgrading the discharge based on clemency; however, in the 
absence of any evidence for us to consider in determining 
whether or not the applicant’s activities since leaving the 
service are sufficient to overcome the misconduct for which he 
was discharged, we are not inclined to recommend granting the 
relief sought on that basis.  Therefore, in the absence of 
evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00513 in Executive Session on 21 Nov 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Jan 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 22 Oct 13.




                                   
                                   Panel Chair