AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01423
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
XXXXXXX
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His narrative reason for separation (Misconduct/Other
Serious Offenses) be changed to reflect an honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
The primary reason he was discharged was due to his failure to
maintain body fat standards. He was charged with Driving Under
the Influence (DUI) on base; however, he did his time in
correctional custody for this offense. In the twenty plus years
since he left the Air Force he has only received a speeding
ticket.
He recently graduated from college and requested his DD Form
214, Certificate of Release or Discharge from Active Duty, to
attain veteran status and apply for government jobs. He was
aware of his general discharge and planned to request an
upgrade, however he was not aware of the narrative reason for
separation.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Aug 1988.
On 27 Jan 1992, the applicant was notified by his commander that
he was recommending his discharge from the Air Force under the
provisions of AFR 39-10, Administrative Separation of Airman,
paragraphs 5-26 and 5-49. The specific reasons for this action
were:
He exceeded body fat standards six times. On or about 7 Sep
1991, he did operate a passenger car while drunk. For this
action he received an Article 15, dated 16 Sep 1991.
On 27 Jan 1992, the applicant acknowledged the discharge
notification and provided a response.
On 5 Feb 1992, the Staff Judge Advocate found the discharge
action legally sufficient.
On 7 Feb 1992, the discharge authority directed the applicant be
discharged for misconduct and unsatisfactory performance without
probation and rehabilitation.
On 7 Feb 1992, the applicant was discharged from the Air Force
with a general (under honorable conditions) characterization.
His narrative reason for separation was “Misconduct-Other
Serious Offenses.” He served 3 years, 5 months, and 21 days of
active service.
On 16 Jul 2012, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit D), as of this date, no response has been received by
this office.
________________________________________________________________
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. Therefore, we find
no basis to upgrade his discharge. However, in the interest of
justice and in view of the evidence provided, we believe that
the applicant has been a productive member of society since his
discharge and that it would be an injustice for him to continue
to suffer the adverse effects of his narrative reason for
discharge. Therefore, on the basis of clemency, we believe that
his records should be corrected to reflect that the narrative
reason for his discharge be changed to "Secretarial Authority."
Accordingly, we recommend his records be corrected as indicated
below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 7 Feb
1992, he was discharged under the provisions of AFR 39-10,
Secretarial Authority and issued a Separation Code of KFF.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 4 Oct 2012, under the provisions of AFI
36-2603:
The following documentary evidence was considered in AFBCMR BC-
2012-01423:
Exhibit A. DD Form 149, dated 2 Apr 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 17 May 2012.
Exhibit D. Letter, AFBCMR, dated 16 Jul 2012, w/atch.
XXXXXXX
Panel Chair
XXXXXXX, Panel Chair
XXXXXXX, Member
XXXXXXX, Member
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