RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02372
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His military record was impeccable up until the last 3 months.
His father was near death due to a construction accident that
almost took his life. His supervisor was not reasonable with him
and never offered alternatives that could have relieved his
stress from worrying about his father. Unfortunately, one bad
thing happened after another between them, and this led to him
not being able to pass his exam to earn his wings. In the end,
his career in the military ended prematurely.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Oct 87, the applicant enlisted in the Regular Air Force for
a period of four years, as a Tactical Aircraft Maintenance
Specialist.
On 20 Nov 89, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for unsatisfactory performance due to his failure to
progress in on-the-job training. The reason for the proposed
action was the applicant failed his CDC end of course (EOD)
examination on two occasions. The applicant received numerous
opportunities to improve his unsatisfactory performance. He
received counseling and additional tutoring. Based on the
applicants punishment under Article 15 and numerous memorandums
for record, his commander recommended a general discharge.
On 22 Nov 89, the applicant acknowledged receipt of the
notification of discharge and, after consulting with legal
counsel, submitted statements in his own behalf.
The base legal office found the case legally sufficient to
support the separation, and the discharge authority approved the
separation and directed the applicant be discharged with a
general discharge.
On 28 Nov 89, the applicant was discharged and received a general
discharge. He served on active duty for a period of 2 years,
1 month, and 22 days.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided a copy
of an investigation report, which is attached at Exhibit C.
On 22 Dec 11, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days. At the same
time, the applicant was offered an opportunity to provide
information pertaining to his activities since leaving the
service (Exhibit D).
He responded with a personal letter and two character letters.
The applicant states the rental car incident listed on the FBI
report was a misunderstanding between him and coworker. They had
an agreement regarding the payment of a rental car, and the
coworkers credit card did not have the funds to pay the rental
company. He finished his associate and undergraduate degrees,
and joined a church in Durham, North Carolina. He is in his last
semester of graduate studies at Pfeifer University, and is
pursing a career in Healthcare Administration.
The applicants complete response, with attachments, is 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. 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 he was 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 overcome
the behavioral traits which led to the discharge action and 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 issue 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 28 November
1989, he was discharged with service characterized as honorable.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02372 in Executive Session on 28 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number
BC-2011-02372 was considered:
Exhibit A. DD Form 149, dated 19 Nov 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 10 Nov 11.
Exhibit D. Letter, SAF/MRBC, dated 22 Dec 11.
Exhibit E. Letter, Applicant, dated 23 Jan 12, w/atchs.
Panel Chair
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