RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01049
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
If discharged under todays standard, he would receive an
Honorable discharge.
His work was good and the character diagnosis was not his fault.
He had no bad conduct, performed his duties well, and received
good reviews from his supervisor. Although he told his
supervisor that he had previously taken lysergic acid
diethylamide (LSD) and was experiencing flashbacks, he did not
use any drugs while in the service. He was a very immature 18-
year-old at the time of his discharge.
The failure to timely file the application should be waived in
the interest of justice since he recently discovered the reason
for his discharge would warrant an Honorable discharge under
todays standards.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Sep
68.
On 24 Jan 69, the applicant underwent a Mental Health Evaluation
that revealed evidence of a character and behavior disorder,
i.e., Inadequate Personality. Due to his admission of taking
LSD and the probability of his experiencing further adjustment
difficulties, it was recommended that discharge action under AFM
39-12 be expedited.
On 17 Apr 69, the applicants commander notified him of his
intent to recommend his administrative discharge under the
provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Personal Abuse of Drugs, Resignation or Request for
Discharge for the Good of the Service, and Procedures for the
Rehabilitation Program, Chapter 2, Section A, paragraph 2-4b,
character and behavior disorder. The applicant declined to
submit statements in rebuttal to the action and the evaluation
officer concurred with the recommended action. On 14 May 69,
the discharge authority approved the discharge.
On 20 May 69, the applicant was furnished a General (Under
Honorable Conditions) discharge and was credited with 8 months,
and 12 days of active service.
On 6 Mar 86, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request for an upgrade of
his discharge to change the type or nature of his discharge.
The AFDRB concluded the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation, was within the discretion of the discharge
authority, and the applicant was provided full administrative
due process.
In response to the request for post-service information for the
Board to consider upgrading his discharge based on clemency, the
applicant states that since his discharge he has lived at the
same residence for 30 years, earned his Bachelor of Arts and
Master of Arts degrees, has been active in his community, and
led a productive and honorable life. He has worked as a
musician for 20 years, worked as a Technical Support Manger and
Sales Training representative for 10 years, and is presently a
Marketing Director for a distributor of entertainment production
supplies. Although he had a drinking problem, he completed a
12-step program in 1992 and has been sober since. His only
police record involves two reckless driving convictions related
to alcohol and a 1970s misdemeanor for failing to report part-
time work as a musician while receiving unemployment insurance
benefits, which was not avarice but sheer stupidity on his part,
since he did not realize that part-time employment counted.
In further support of his appeal, the applicant provides three
character reference letters, his personal statement and copies
of his Bachelor of Arts and Master of Arts degrees. (Exhibit C).
________________________________________________________________
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 he has lived a life
characterized by significant contributions to society and
dedicated service in his community over many years since his
separation from the Air Force. 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, in the interest of justice, and in view of
the passage of time and his post-service adjustments, we believe
upgrading the characterization of his service to Honorable is
warranted on the basis of clemency.
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to applicant be corrected to show that on 20 May
1969, he was discharged with service characterized as Honorable
and furnished an Honorable Discharge Certificate.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01049 in Executive Session on 21 November 2014
and 23 February 2015 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 14, w/atchs.
Exhibit B. Applicants Military Personnel Record.
Exhibit C. Information Bulletin Clemency
Exhibit D. Applicants letter, dated 10 Jul 14, w/atchs.
AF | BCMR | CY2010 | BC-2010-01303
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01303 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her husbands undesirable discharge be upgraded to honorable or general (under honorable conditions). On 19 Sep 60, the applicant, with counsel, appeared before the Air Force Discharge Review Board (AFDRB); however, the AFDRB considered and denied the...
Upon his discharge in 1969, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicated that, in addition to the then current four years “net service this period” he was given creditable service “other service” of 1 year, 2 months, and 3 days. He has lived his adult life with the thought that his undesirable time was deemed creditable as a result of his original appeal to the AFDRB and serving honorably the additional 4 years. Insufficient relevant...
AF | BCMR | CY1999 | BC-1998-01004
Upon his discharge in 1969, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicated that, in addition to the then current four years “net service this period” he was given creditable service “other service” of 1 year, 2 months, and 3 days. He has lived his adult life with the thought that his undesirable time was deemed creditable as a result of his original appeal to the AFDRB and serving honorably the additional 4 years. Insufficient relevant...
AF | BCMR | CY2007 | BC-2007-00691
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00691 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 26 AUGUST 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be changed to a medical discharge. Applicant was discharged on 22 Oct 71, in the grade of airman basic, under the provisions of AFM 39-12, and received a general...
AF | BCMR | CY2005 | BC-2005-00056
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00056 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 May 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. They concluded that the discharge was consistent with the procedural and substantive...
AF | BCMR | CY2007 | BC-2007-01361
A legal review was conducted on 13 October 1972, in which the staff judge advocate recommended applicant be allowed to withdraw his request for an administrative discharge board, be discharged for unfitness and furnished an undesirable discharge, and that no further rehabilitative procedures be attempted. On 8 February 1979, applicant appealed to the Air Force Discharge Review Board (AFDRB), requesting that his records be reviewed and his discharge be upgraded to honorable. Exhibit B.
AF | BCMR | CY2013 | BC 2013 03031
On 18 Oct 1971, he was honorably discharged. The DVA stated Furthermore your military personnel records indicate you were discharged after less than one month of military service for drug abuse. Handwritten on this document are the words False information. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. ________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2014 | BC 2014 01824
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01824 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. Although each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors. The discharge was properly processed according...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02095 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. He was a model airman, never in trouble and it seemed that the Air Force didn’t take this into account. Based upon the documentation in his records,...
AF | BCMR | CY2008 | BC-2007-02845
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02845 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge. On 23 Oct 80, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his BCD be upgraded to an honorable...