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 applicants 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 applicants
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 applicants
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 applicants 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
AF | BCMR | CY2004 | BC-2003-03658
The applicant’s performance reports are provided at Exhibit B. Available records pertaining to the applicant’s medical issues are at Exhibit B, and the AFBCMR Medical Consultant provides medical details in his advisory at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant’s review of the applicant’s service records revealed no reference to participation in combat or events similar to those described by the...
AF | BCMR | CY2007 | BC-2007-00041
In a legal review of the discharge case file dated 21 Nov 85, the staff judge advocate found the file was legally sufficient and recommended that the applicant be separated from the service with a general discharge without opportunity for probation and rehabilitation. Kendrick., Member The following documentary evidence was considered in AFBCMR Docket Number BC-2007-00041: Exhibit A. DD Form 149, dated 3 Jan 07, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 20 Mar 07.
AF | BCMR | CY2003 | BC-2002-02807
Applicant was discharged from the Air Force on 7 Jun 85. He petitioned the Air Force Discharge Review Board (AFDRB) to upgrade his discharge to honorable in 1993. We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has been the victim of an injustice.
AF | BCMR | CY2012 | BC-2012-05056
On 14 Jun 85, the applicant was discharged from active duty with a General (Under Honorable Conditions) discharge, with a Narrative Reason for Separation of MisconductPattern Conduct Prejudicial to Good Order and Discipline, an RE code of 2B, and was credited with 1 year, 2 months, and 11 days of active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit...
AF | BCMR | CY2008 | BC-2008-00845
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00845 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her under honorable conditions (general) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force from 19 Jul 76 to 18 Apr 82,...
AF | BCMR | CY2014 | BC 2014 03090
On 16 Apr 85, he received NJP for writing a dishonorable check. On 21 May 85, the discharge authority directed the applicant be discharged with a general discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicants post-service activities, there is no way for us to determine if the applicants accomplishments since leaving the service warrant such an action.
AF | BCMR | CY2009 | BC-2009-02355
Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsatisfactory performance was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. Exhibit D. Letter, AFBCMR, dated 31...
AF | BCMR | CY2013 | BC 2012 05868
On 26 Jul 90, the applicant was furnished a general (under honorable conditions) discharge and was credited with 2 years, 5 months, and 17 days of total active service. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Exhibit C. Letter, AFBCMR, dated 4 Sep 13, w/atch.
AF | BCMR | CY2012 | BC 2012 05868
On 26 Jul 90, the applicant was furnished a general (under honorable conditions) discharge and was credited with 2 years, 5 months, and 17 days of total active service. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Exhibit C. Letter, AFBCMR, dated 4 Sep 13, w/atch.
AF | BCMR | CY2004 | BC-2003-02367
_________________________________________________________________ APPLICANT CONTENDS THAT: The Staff Judge Advocate’s statement concerning his appeal of an Article 15 he received on 17 Jan 85 made reference to another airman who was being discharged at the same time and did not pertain to him. On 26 Feb 85, the office of the Staff Judge Advocate found no errors or irregularities in the discharge case file and recommended that the applicant be furnished a general discharge. On 5 Jun 87, the...