RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04207
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be given honorable discharge certificates for his
honorable discharges in 1980 and 1984. (Admin Corrected).
2. His under other than honorable conditions discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
In Sep 1984, he was arrested for possession of a controlled
substance (marijuana). His attorney presented evidence that
proved one of the sources was not reliable. The evidence against
him should have been thrown out. However, the trial was so
hurried that he was discharged before he knew what was going on.
After he received his 10 percent disability rating he was told
that he has one honorable and one dishonorable [sic] discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 1977, the applicant enlisted in the Regular Air Force
for a period of four years. On 13 Aug 1980, he extended his
enlistment for a period of 19 months for the purpose of a
Permanent Change of Station assignment. On 23 Dec 1980, he was
honorably discharged for the purpose of reenlistment.
On 24 Dec 1980, he reenlisted in the Regular Air Force for a
period of six years. On 23 Sep 1984, he was honorably
discharged for the sole purpose of reenlistment.
On 24 Sep 1984, the applicant reenlisted in the Regular Air
Force.
On 7 Dec 1984, the applicant was discharged from the Air Force,
with service characterized as under other than honorable
conditions. His narrative reason for separation is REQ FOR
DISCHARGE IN LIEU OF TRIAL BY COURT-MARTIAL. He had
approximately 7 years and 8 months of total active service. The
applicants discharge package cannot be located; therefore,
further information regarding his discharge is not available.
In a 15 May 2013 electronic communiqué, SAF/MRBR states that
upon completion of the Board, administrative correction of his
official military personnel record will be made and he will be
issued Honorable Discharge Certificates for his honorable
discharges in 1980 and 1984.
On 13 May 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). On 11 Jun 2013, the applicant provided numerous
post service documents for the Boards consideration.
His complete submission, with attachments is at 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. We have thoroughly reviewed the circumstances surrounding
the applicant's discharge and find no impropriety in the
characterization of service. Considered alone, we conclude the
discharge proceedings were proper and the characterization of
the discharge was appropriate to the existing circumstances.
Consideration of this Board, however, is not limited to the
events which precipitated the discharge. Further, we may base
our decision on matters of equity and justice, rather than
simply on whether rules and regulations which existed at the
time were followed. After careful consideration of the
applicants request and the evidence of record, we find
sufficient relevant evidence has been presented to demonstrate
the existence of an injustice to warrant upgrading the
characterization of the applicants discharge to general (under
honorable conditions) on the basis of clemency. In this
respect, we note that in support of his request, the applicant
has provided a letter discussing his honorable character and
notable achievements in the over 28 years since his discharge,
to include gainful employment and opening his own business. It
appears the applicant has successfully transitioned to civilian
life and the characterization of his discharge as UOTHC no
longer serves a useful purpose. Moreover, we find absolutely no
evidence of any derogatory involvement with any civil
authorities in the over 28 years since his discharge. Based on
a totality of the evidence before us, we find it would be unjust
for him to continue to endure the effects of the stigma that is
attached to a UOTHC discharge. Therefore, in view of the above,
we deem the interest of justice can best be served by removing
this blemish from his life and upgrading his discharge to
general (under honorable conditions) on the basis of clemency.
We considered upgrading his discharge to honorable; however, we
do not believe that an upgrade to a fully honorable discharge is
warranted. Accordingly, we recommend that his records be
corrected to the extent indicated below.
4. 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(s)
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
7 December 1984, he was discharged with service characterized as
general (under honorable conditions).
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 20 Jun 2013, under the provisions of AFI
36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-04207:
Exhibit A. DD Form 149, dated 5 Aug 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 13 May 2013, w/atch.
Chair
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