RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03005
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His (general) under honorable conditions discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for exceeding the weight management standards
by 11 pounds. He was told that his discharge would be changed to
an honorable discharge after six months. He does not feel that
because heredity issues with his size and weight that his
military record should cause him shame. He also was informed the
commander that discharged him for not meeting weight standards
was ultimately discharged for wrongfully discharging individuals.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Mar 84, the applicant contracted his enlistment in the
Regular Air Force.
On 23 Apr 86, the applicants commander notified him that he was
recommending his discharge from the Air Force for unsatisfactory
performance. The specific reasons for the discharge action were
that he received a letter of counseling (LOC), two letters of
Reprimand (LOR), and his name was placed on the control roster
for failing to meet weight standards.
His commander advised him of his rights in this matter and on
23 Apr 86, he acknowledged receipt of the notification for
discharge.
On 5 May 86, the legal office reviewed the case and found it
legally sufficient to support separation and recommended he be
furnished a general discharge without probation and
rehabilitation.
On 8 May 86, the discharge authority concurred with the
commanders recommendation and directed the applicant be
furnished a general (under honorable conditions) discharge
without probation and rehabilitation.
On 14 May 86, the applicant was furnished a general (under
honorable conditions) discharge and he was credited with two
years, two months, and six days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 2 Nov 11, a copy of the Investigative Report and a request for
post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, in the
absence of any evidence related to his activities since leaving
the service, there is no basis to recommend granting the relief
sought on that basis. Therefore, in the absence of evidence to
the contrary, we find no basis upon which to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03005 in Executive Session on 22 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Aug 11.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 2 Nov 11, w/atch
Panel Chair
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