RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02751
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He made some very bad decisions while serving in the Air Force. He
wishes he had not rebelled and had followed the guidance provided
by his leadership. However, he has since turned his life around by
becoming an honorable and respected citizen. He was only 17 years
old when he enlisted into the military and did not understand his
role in the military. He requests his application be favorably
considered so that his honor can be restored; he asks this in the
name of learning and changing as a part of valuable lessons learned
in life.
In support of his request, the applicant provides a copy of his
resume.
His complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 9 Feb 79. He
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 reasons were
for being apathetic, and for having a defective attitude and
inability to expend effort constructively. The applicant
acknowledged the notification of discharge on 19 Nov 79 and was
provided legal counsel. The 81st Tactical Fighter Wing Commander
approved a general discharge. The applicant was discharged on
14 Jan 80 after serving 11 months and 6 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 14 Sep 10, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
In response to our request, the applicant provided a personal
statement, which is attached at Exhibit E.
On 14 Sep 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, the applicant provided
post-service information, which is attached at Exhibit E.
___________________________________________________________________
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. We have thoroughly reviewed the circumstances surrounding the
applicant's discharge. We find no impropriety in the
characterization of the 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 the applicant's
case, the Board majority is persuaded that corrective action is
appropriate as a matter of equity and on the basis of clemency.
The Board majority therefore concludes that the 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 17 January 1980,
he was honorably discharged and furnished an Honorable Discharge
certificate.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-02751 in Executive Session on 21 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board voted to correct the records, as
recommended. Mr. Parker voted to deny the applicants request and
did not submit a Minority Report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 14 Sep 10.
Exhibit E. Letter, Applicant, dated 15 Sep 10, w/atchs.
Panel Chair
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