RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01049 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: If discharged under today’s standard, he would receive an Honorable discharge. His work was good and the character diagnosis was not his fault. He had no bad conduct, performed his duties well, and received good reviews from his supervisor. Although he told his supervisor that he had previously taken lysergic acid diethylamide (LSD) and was experiencing flashbacks, he did not use any drugs while in the service. He was a very immature 18- year-old at the time of his discharge. The failure to timely file the application should be waived in the interest of justice since he recently discovered the reason for his discharge would warrant an Honorable discharge under today’s standards. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 9 Sep 68. On 24 Jan 69, the applicant underwent a Mental Health Evaluation that revealed evidence of a character and behavior disorder, i.e., Inadequate Personality. Due to his admission of taking LSD and the probability of his experiencing further adjustment difficulties, it was recommended that discharge action under AFM 39-12 be expedited. On 17 Apr 69, the applicant’s commander notified him of his intent to recommend his administrative discharge under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs, Resignation or Request for Discharge for the Good of the Service, and Procedures for the Rehabilitation Program, Chapter 2, Section A, paragraph 2-4b, character and behavior disorder. The applicant declined to submit statements in rebuttal to the action and the evaluation officer concurred with the recommended action. On 14 May 69, the discharge authority approved the discharge. On 20 May 69, the applicant was furnished a General (Under Honorable Conditions) discharge and was credited with 8 months, and 12 days of active service. On 6 Mar 86, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his discharge to change the type or nature of his discharge. The AFDRB concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process. In response to the request for post-service information for the Board to consider upgrading his discharge based on clemency, the applicant states that since his discharge he has lived at the same residence for 30 years, earned his Bachelor of Arts and Master of Arts degrees, has been active in his community, and led a productive and honorable life. He has worked as a musician for 20 years, worked as a Technical Support Manger and Sales Training representative for 10 years, and is presently a Marketing Director for a distributor of entertainment production supplies. Although he had a drinking problem, he completed a 12-step program in 1992 and has been sober since. His only police record involves two reckless driving convictions related to alcohol and a 1970s misdemeanor for failing to report part- time work as a musician while receiving unemployment insurance benefits, which was not avarice but sheer stupidity on his part, since he did not realize that part-time employment counted. In further support of his appeal, the applicant provides three character reference letters, his personal statement and copies of his Bachelor of Arts and Master of Arts degrees. (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. 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 he has lived a life characterized by significant contributions to society and dedicated service in his community over many years since his separation from the Air Force. 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, in the interest of justice, and in view of the passage of time and his post-service adjustments, we believe upgrading the characterization of his service to Honorable is warranted on the basis of clemency. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to applicant be corrected to show that on 20 May 1969, he was discharged with service characterized as Honorable and furnished an Honorable Discharge Certificate. The following members of the Board considered AFBCMR Docket Number BC-2014-01049 in Executive Session on 21 November 2014 and 23 February 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Mar 14, w/atchs. Exhibit B. Applicant’s Military Personnel Record. Exhibit C. Information Bulletin – Clemency Exhibit D. Applicant’s letter, dated 10 Jul 14, w/atchs.