RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03340
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
It has been 24 years since his discharge. At the time of his
discharge, he was working through issues with his weight and
still has challenges with his weight. His service was honorable
and he desires to have that reflected to afford him the
opportunity to receive benefits and various discounts as a
civilian for his service.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 24 Apr 87.
On 13 Jan 89, the applicants commander notified him of his
intent to recommend his discharge for unsatisfactory
performance, specifically exceeding weight standards, under the
provisions of AFR 39-10, Administrative Separation of Airmen.
The reasons for the action included failure to progress in the
weight management program (WMP), for which he received a
demotion to the grade of airman (E-2), letters of reprimand, and
an unfavorable information file (UIF) with a control roster.
On 23 Jan 89, after consulting with legal counsel, the applicant
acknowledged receipt of the action and submitted statements on
his behalf requesting further explanation for the discharge
(other than the fact the applicant had intentionally failed to
progress in the WMP). Additionally, the applicants counsel
requested that his entire record be examined before making a
decision to separate the applicant.
On 26 Jan 89, the case was found to be legally sufficient and
the discharge authority approved the commanders recommendation,
directing the applicants administrative discharge without
probation and rehabilitation.
On 2 Feb 89, the applicant was furnished a General (Under
Honorable Conditions) discharge for unsatisfactory performance
and was credited with 1 year, 9 months, and 22 days of total
active service.
A request for post-service information was forwarded to the
applicant on 26 Mar 14 for review and comment within 30 days.
In response, he describes his experiences subsequent to his
discharge. He has been a father and husband for twenty years
and completed educational programs with Cornell University and
job related training for management. Additionally, he has
started his own business, became a Director of Operations at his
local church, and is currently a site manager at a local storage
facility. In support of his response, he provides a character
reference letter from his pastor and copies of fourteen
supporting documents (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. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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. In the interest of
justice, we considered upgrading the discharge on the basis of
clemency; however, we do not find the evidence presented is
sufficient for us to recommend granting the relief sought on
that basis at this time. In this respect, we note that
Congress' intent in setting up the Veterans Benefits Program was
to express thanks for Veterans' personal sacrifice, separations
from family, facing hostile enemy action, and suffering
financial hardship. It would be unfair to all those who served
honorably to extend those Veterans benefits to someone who
committed acts of misconduct while on active duty. For these
reasons, this Board very carefully weighs requests to upgrade
the character of a discharge and, in doing so, carefully
considers whether the impact of an applicant's contributions to
his or her community since leaving the service are substantial
enough for us to conclude they overcome the misconduct which
precipitated the discharge and whether or not an upgrade of the
discharge would create a larger injustice to those who served
under honorable conditions and earned the characterization of
service the applicant seeks. A key component of this
determination is whether or not an applicant has a criminal
record. While the applicant has provided a number of supporting
statements attesting to the positive impact of his efforts in
the community, without an arrest record from the Federal Bureau
of Investigations (FBI), we cannot conclusively determine if his
activities since leaving the service outweigh the misconduct
which precipitated his discharge. Therefore, in view of the
above, we are unable to recommend granting relief at this time.
However, should the applicant provide an FBI report, we would be
willing to reconsider his request based on new evidence.
Therefore, in view of the above, we find no basis to recommend
granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following members of the Board considered AFBCMR Docket
Number BC-2013-03340 in Executive Session on 31 Jul 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03340 was considered:
Exhibit A. DD Form 149, dated 11 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 26 Mar 14.
Exhibit D. Letter, Applicant, undated.
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