ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01529
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
RESUME OF CASE:
On 26 April 2011, the applicant submitted an application
requesting his UOTHC discharge be changed to a medical discharge
with benefits. He contended that the discharge was unjust and
harsh given his medical condition. He further contended that
his condition, sarcoidosis affected his ability to serve.
On 23 February 2012, the Board considered and denied the
applicants request. AFPC/DPSOS rendered an advisory noting no
error or injustice with regard to the applicants discharge
processing. The BCMR Medical Consultant also found there was no
error or injustice with regard to the applicants discharge
processing; however, he recommended the Board consider upgrading
the applicants discharge considering the applicants ordeal
with his clinical symptoms in extenuation and mitigation.
Ultimately, the Board found there was no error or injustice and
noted the BCMR Medical Consultant found no definitive nexus
between the applicants misconduct and his yet to be diagnosed
medical condition. For an accounting of the facts and
circumstances surrounding the applicants request and the
rationale of the earlier decision by the Board, see the Original
Record of Proceedings at Exhibit F.
The applicant submitted a request for reconsideration, dated
23 June 2013, seeking an upgrade to his discharge. The
applicant contends an undiagnosed medical condition, criminal
court case and the failure to provide him a separation physical
was in violation of Air Force regulations.
The applicant passed away on 31 July 2014.
The applicants complete submission, with attachments, is at
Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal and the evidence of record, we are
persuaded that some corrective action based on clemency is
warranted. While 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. In this respect, it
may base its decision on matters of equity and clemency rather
than simply on whether rules and regulations which existed at
the time were followed. Under this broader mandate, and after
careful consideration of all the facts and circumstances of the
applicant's case, we are persuaded corrective action is
warranted based on clemency. After reviewing the evidence
submitted in support of his request and considering the
applicant's ordeal with his medical condition, we believe the
continued stigma of a UOTHC discharge is unduly harsh and no
longer serves any useful purpose. However, we do not find the
evidence sufficient to warrant an upgrade of his discharge to
honorable. In view of the passage of time, we believe upgrading
his discharge to general is appropriate in this case.
Accordingly, we recommend the applicants UOTHC discharge be
upgraded to general.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to DECEDENT be corrected to show that on 3 November 1980,
he was discharged with service characterized as general (under
honorable conditions).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01529 in Executive Session on 4 December 2014,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01529 was considered:
Exhibit E. DD Form 149, dated 28 Jun 13, w/atchs.
Exhibit F. Original Record of Proceedings, dated 27 Feb 12,
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