RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00780
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been successful since his discharge from the Air Force, he
has earned his Bachelors Degree, and he has had no incidents
with alcohol since his discharge.
In support of his appeal, the applicant provides a copy of his
college transcript.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 23 March 1987 to 23 March 1990. He
was progressively promoted to the grade of senior airman (E-4)
effective 12 November 1989.
On 14 February 1990, the applicant was notified of his
commanders intent to recommend him for discharge for failure in
the Alcohol Rehabilitation Program under the provisions of Air
Force Regulation 39-10, Chapter 5, Section F, paragraph 5-32.
The applicant acknowledged receipt, consulted counsel, and waived
his right to submit statements in his own behalf.
On 19 March 1990, the Staff Judge Advocate found the case to be
legally sufficient and recommended the applicant be discharged
with a general (under honorable conditions) characterization of
service. On 22 March 1990, the discharge authority approved the
recommended discharge and directed he be discharged without
probation or rehabilitation.
The applicant was discharged effective 23 March 1990 after
serving three years and one day on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C). On 29 April 2010, a copy of
the FBI report was forwarded to the applicant for review and
comment within 30 days. In addition, he was given the
opportunity to submit comments about his post service activities
(Exhibit D). As of this date, this office has received no
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. The Board finds no impropriety in the characterization of
applicant's discharge. It appears that responsible officials
applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were
violated or that the applicant was not afforded all the rights to
which entitled at the time of discharge. The applicant has not
shown the characterization of the discharge was contrary to the
provisions of the governing regulation, nor has it been shown the
nature of the discharge was unduly harsh or disproportionate to
the offenses committed. Considered alone, we conclude the
discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
4. Consideration of this Board, however, is not limited to the
events which precipitated the discharge. We have a Congressional
mandate which permits consideration of other factors; e.g.,
applicant's background, the overall quality of service, and post-
service activities and accomplishments. 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. This is a much broader consideration than officials
involved in the discharge were permitted, and our decision in no
way discredits the validity of theirs.
5. Taking into consideration the available post-service
information, it appears likely that the applicant has led a
stable and productive life since the separation. We recognize
the adverse impact of the discharge the applicant received; and,
while it may have been appropriate at the time, we believe it
would be an injustice for the applicant to continue to suffer its
effects. Accordingly, we find that corrective action is
appropriate on the basis of clemency and recommend the records be
corrected as indicated below.
6. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 23 March 1990,
he was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00780 application in Executive Session on
21 October 2010, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2010-
00780 was considered:
Exhibit A. DD Form 149, dated 17 Feb 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit E. Letter, AFBCMR, dated 29 Apr 10, w/atchs.
Panel Chair
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