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AF | BCMR | CY2011 | BC-2011-04021
Original file (BC-2011-04021.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04021 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under honorable conditions (general) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told his discharge could be upgraded six months after his 
separation. For the past 16 years he has worked with the Fire 
Department with no problems and has proven he is a productive and 
responsible citizen. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 23 Nov 82, the applicant contracted his enlistment in the 
Regular Air Force. He was promoted to the grade of airman first 
class, effective and with a date of rank of 23 Nov 83. He served 
as a Mental Health Clinic Specialist. 

 

On 21 Jan 85, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct. 
The specific reasons for the discharge action were: 

 

a. On 10 Jul 84, he received an Article 15 for being 
disrespectful to a superior officer. For this misconduct his 
punishment consisted of correctional custody for 30 days. 

 

b. On 13 Dec 84, he received a Record of Individual 
Counseling (ROC) for failing to meet medical clinic and Air Force 
standards. 

 

 c. On 20 Dec 84, he received a Letter of Reprimand (LOR) 
for being derelict in the performance of duty, military bearing 
and behavior. 

 

His commander advised him of his rights in this matter. 

 


On 21 Jan 85, he acknowledged receipt of the notification letter 
and, after consulting with legal counsel, waived his right to 
submit a statement in his own behalf. 

 

The legal office conducted a legal review and the staff judge 
advocate found the case legally sufficient to support separation 
and recommended a general (under honorable conditions) discharge 
without probation and rehabilitation. 

 

On 22 Jan 85, the discharge authority directed the applicant be 
furnished a general (under honorable conditions) discharge and he 
was discharged on 23 Jan 85 and credited with two years, two 
months, and one day of active service. 

 

On 15 Feb 12, the Board staff requested the applicant provide 
documentation concerning his activities since leaving military 
service (Exhibit D). In response, the applicant indicates the 
impact his discharge has had on him over the last 27 years and 
describes his efforts to be a productive member of society since 
his discharge. He has worked hard to become a qualified 
emergency medical technician (EMT) and then use that experience 
in providing years of faithful experience to the fire department. 
Over the years, he has volunteered and helped the Muscular 
Dystrophy Association, Ulm Volunteer Fire Department, I-15 Quick 
Response Unit (EMT), and several other charities through his 
local union, both on and off-duty. In support of his response, 
the applicant provides an expanded statement and copies of three 
supporting statements, his fire department performance 
evaluations, and a published article describing his professional 
and community activities. His 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. No evidence has been 
presented which would lead us to believe the applicant’s 
discharge was improper or contrary to the directive under which 
it was effected. However, consideration of this Board is not 
limited to the events which precipitated the discharge. In this 
respect, it may base its decision on matters of equity and 
justice, rather than simply on whether rules and regulations, 
which existed at the time, were followed. Under this broader 
mandate and in view of the passage of time and the applicant’s 
successful transition to civilian life, we believe it would be an 
injustice for him to continue to suffer the stigma of his general 


(under honorable conditions) discharge. Accordingly, we 
recommend the applicant’s general discharge be upgraded to 
honorable on the basis of clemency. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 23 Jan 85, 
he was honorably discharged and furnished an Honorable Discharge 
Certificate. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04021 in Executive Session on 15 May 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 was considered: 

 

 Exhibit A. DD Form 149, dated 7 Oct 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 15 Feb 12, w/atch. 

 Exhibit D. Letter, Applicant, undated, w/atchs. 

 

 

 

 

 

 Panel Chair 



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