RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00693
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was released from active duty due to exceeding the weight
standards. He has always struggled with his weight since he was
very young. He did his job the best he could and was a good
airman. Since leaving the service, most recently, his civilian
employment field has become more competitive and he now needs
his discharge to be upgraded.
In addition, he is seeking educational benefits through the
Hazelwood Act under entitlement provided through the State of
Texas.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 2 Mar 88 discharge; a
resume, and excerpts from his military personnel record.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 17 Jul 85
for a period of four years.
On 22 Feb 88, the squadron commander initiated administrative
discharge action against the applicant for unsatisfactory
performance for exceeding weight standards. The underlying
basis for this action was the applicants inability to comply
with Air Force weight standards. After each failure to make
satisfactory progress, he was counseled and given an opportunity
to overcome his deficiencies, including Letters of Reprimand
(LORs) and Letters of Counseling (LOCs).
On that same date, the applicant acknowledged receipt of the
discharge notification and after consulting with counsel and
having been advised of his rights, he submitted statements in
his own behalf. The staff judge advocate recommended the
applicant be discharged for unsatisfactory performance and that
he receive a general (under honorable conditions) discharge,
without probation and rehabilitation (P&R). On 20 Feb 88, the
discharge authority approved the general discharge without P&R.
The applicant was discharged, on 2 Mar 88, for exceeding Air
Force weight standards, with service characterized as general
(under honorable conditions). He was credited with 2 years,
7 months and 16 days of active duty service.
On 6 Sep 11, the applicant was invited to provide additional
evidence pertaining to his activities since leaving the service
(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. The Board finds no impropriety in the characterization of
the 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. 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. Under our broader mandate and after careful consideration of
all the facts and circumstances of the applicant's case, the
Board is persuaded that he has been a productive member of
society since leaving the service. In view of this, we believe
it would be an injustice for him to continue to suffer the
adverse effects of the discharge he received almost 24 years
ago. Therefore, we believe an upgrade of the characterization
of his service to fully honorable is warranted on the basis of
clemency. Accordingly, we recommend the applicants record be
corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
2 March 1988, he was honorably discharged and furnished an
Honorable Discharge Certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00693 in Executive Session on 13 October 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 6 Sep 11, w/atchs.
Panel Chair
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