RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02967
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to obtain a United States Coast Guard captain
license for the great lakes and join the auxiliary unit. In his
later years, when he moves to the Florida Keys, he wishes to
obtain the sea and ocean endorsements.
He has no police or drug record of any kind. Except for a few
traffic violations, he has been a law abiding citizen. He owns
his own home and has lived in it for over 11 years. He
currently drives a school bus for the disabled and has been with
the school district for almost five years. He is a member of
the local American Legion chapter. He has also completed all
the necessary training courses needed to take the Coast Guard
Exam for a pilot/captain license with six-pack endorsement
(inspected vessels, power sails).
At the time of his enlistment he was too young, foolish and
cocky to know what he signed up for. He has matured over the
years. He has saved and paid off his house, cars, and boat,
taken care of family, stayed out of trouble, and paid his taxes.
He has become responsible and stable. He shows respect to his
fellow man.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 16 March 1981. He served as an aerospace
ground equipment mechanic.
On 1 October 1981, the applicant was notified by his commander
that he was recommending him for discharge from the Air Force
under the provisions of AFM 39-12, Chapter 2; section A,
paragraph 2-4c. The specific reason for the proposed action
was; apathy and defective attitude for his grade and his
demonstrated inability to expend effort constructively, as
illustrated by documented failures to properly discharge
assignments commensurate with his grade and experience as well
as his repeated failures to maintain Air Force standards.
On 1 October 1981, the applicant acknowledged receipt of the
notification of discharge and his right to submit a rebuttal and
make statements on his own behalf. On 7 October 1981 the
applicant consulted with counsel and opted to submit a statement
on his own behalf.
Subsequent to the file being found legally sufficient, the
discharge authority approved the recommendation for
administrative discharge and directed the applicant be
discharged with a general (under honorable conditions)
characterization of service. The applicant was released from
active duty on 20 October 1981 and was credited with 7 months
and 5 days of active duty service.
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
On 17 December 2012, the applicant was given an opportunity to
submit comments regarding his post service activities
(Exhibit C). To date, this office has not received a response.
________________________________________________________________
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. After a thorough review of the circumstances surrounding the
applicant's discharge, we find no impropriety in the
characterization of service. Considered alone, we conclude the
discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
Consideration of this Board, however, is not limited to the
events that 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. It appears that the applicant has led a
stable and productive life and there is no evidence that he has
had any subsequent serious involvement of a derogatory nature
since his separation from the Air Force, considering the fact
that his FBI report indicates no adverse information over the
past 30 years. We understand the applicant would like to obtain
a United States Coast Guard captain license and recognize the
adverse impact of the discharge would have on his application.
While his discharge characterization may have been appropriate
at the time, we believe it would be an injustice for him to
continue to suffer its effects, therefore, we believe that
corrective action is appropriate on the basis of clemency.
Accordingly, we recommend that his records be corrected to the
extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
20 October 1981, he was discharged with service characterized as
Honorable and furnished an Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 5 March 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02967 was considered:
Exhibit A. DD Form 149, dated 18 June 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 December 2012
Panel Chair
AFBCMR BC-2012-02967
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code it is directed that:
The pertinent military records of the Department of the Air Force relating to be corrected
to show that on 20 October 1981, he was discharged with service characterized as Honorable and
furnished an Honorable Discharge certificate.
Director
Air Force Review Boards Agency
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