RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00203
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He request his general discharge be upgraded to honorable based on
clemency.
In support of his appeal, applicant submitted a copy of his DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed Forces
of the United States and character reference statements.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 21 Jun 84 for a period
of four years.
On 12 Feb 86, his commander notified him that he was recommending his
discharge from the Air Force for a pattern of misconduct prejudicial to
good order and discipline. The specific reasons for the discharge action
were:
a. On 17 Jul 85, he received a Letter of Reprimand (LOR) for
failing to report for duty.
b. On 5 Dec 85, he received an LOR for wrongful use of a
Department of Defense (DOD) telephone.
c. On 10 Dec 85, he received an LOR for failing to receive a flu
shot.
d. On 15 Jan 86, he received an LOR for failing to report for
duty.
e. On 22 Jan 86, he received an LOR for disobeying a lawful order.
f. On 6 Feb 86, he received an Article 15 for leaving and not
giving a number where to be reached while on telephone standby. For this
misconduct his punishment consisted of reduction in rank, forfeiture of pay
and restriction to the limits of the base.
His commander advised him of his rights in this matter.
On 14 Feb 86, he acknowledged receipt of the notification of discharge and
after consulting with legal counsel waived his rights to submit statements
in his own behalf.
On 18 Feb 86, a legal review was conducted in which the staff judge
advocate recommended discharge with a general discharge without probation
and rehabilitation.
On 20 Feb 86, the discharge authority directed discharge with a general
discharge without probation and rehabilitation.
The applicant was discharged on 21 Feb 86. He served one year, eight
months and one day on active duty.
On 16 Dec 87, the applicant appealed to the Air Force Discharge Review
Board (AFDRB) to have his general discharge upgraded. The AFDRB concluded
his discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion of
the discharge authority and that he was provided full administrative due
process.
Pursuant to the Board’s request, the Federal Bureau of investigation,
indicated on the basis of the data furnished they were unable to locate an
arrest record (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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We have thoroughly reviewed the
circumstances surrounding the applicant's discharge. We find no
impropriety in the characterization of applicant's discharge. 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 which precipitated the discharge. 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. Under our broader
mandate and after careful consideration of all the facts and circumstances
of applicant's case, we are persuaded that corrective action is appropriate
as a matter of equity and on the basis of clemency. We therefore conclude
that applicant's discharge should be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 21 February 1986, he was
honorably discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
00203 in Executive Session on 8 Apr 08 under the provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jan 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 30 Jan 08.
RITA S. LOONEY
Panel Chair
AFBCMR BC-2008-00203
MEMROANDUM 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 , be corrected to show that on 21
February 1986, he was honorably discharged and furnished an Honorable
Discharge Certificate.
JOE G.
LINEBERGER
Director
Air Force
Review Board Agency
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