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AF | BCMR | CY2014 | BC 2014 01215
Original file (BC 2014 01215.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01215
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to show that his general 
(under honorable conditions) discharge was upgraded to 
honorable.


APPLICANT CONTENDS THAT:

Her late husband was told he could change his general (under 
honorable conditions) discharge after six months.  She is unable 
to draw any of his Department of Veteran’s Affairs (DVA) benefit 
unless it reflects honorable.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

A discharge package was not available in the applicant’s 
military personnel records (MPR).  The facts surrounding his 
separation cannot be verified.  The available records reveal 
that on 11 Jan 96, the former member entered the Regular Air 
Force.

On 20 Jan 99, he received a referral Enlisted Performance Report 
(EPR) with an overall rating of “2, Not Recommended at This 
Time” from both his rater and endorser for the time period 
11 Sep 98 to 7 Jan 99.  The EPR reflects that he was counseled 
repeatedly for failing to perform simple tasks and meeting 
minimum appearance standards.  The EPR highlighted that the 
applicant was reprimanded for failing in the Weight Management 
Program (WMP) three times.  

On 26 Jan 99, his squadron commander recommended he be denied 
the Air Force Good Conduct Medal due to his placement on the 
control roster.  

On 27 Oct 99, he received a referral EPR with an overall rating 
of “1, Not Recommended” from both his rater and endorser for the 
time period 8 Jan 19 to 13 Oct 99.  The EPR notes his 
lackadaisical attitude, his inability to clearly express 
thoughts or ideas verbally or in writing and his lack of 
initiative.  The EPR noted his placement on the control roster 
for failure to maintain sanitary conditions in government 
quarters as well as his failure to maintain personal hygiene.  
The applicant’s struggles in the WMP as well as his lack of 
motivation to do more were also noted. 

According to an AF Form 3070, Record of Nonjudicial Punishment 
Proceedings, dated 1 Nov 99, the applicant failed to obey a 
lawful order in violation of Article 92 of the Uniformed Code of 
Military Justice (UCMJ).  He was reduced to the grade of airman, 
with a new date of rank of 5 Nov 99.

On 6 Dec 99, the applicant received a general (under honorable 
conditions) discharge with a narrative reason of Misconduct.  He 
was credited with 3 years, 10 months, and 26 days of active 
service excluding 4 months and 3 days for time lost.

According to the death certificate provided by the applicant the 
former member died 2 Mar 13.

On 28 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). In response to this request, the applicant provides 
numerous character letters (Exhibit D).


THE BOARD CONCLUDES THAT:

1.  The applicant’s spouse 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  Based upon 
the presumption of regularity in the conduct of governmental 
affairs and without evidence to the contrary, we must assume 
that the applicant's discharge was proper and in compliance with 
appropriate directives.  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 which precipitated the discharge.  In this respect, it 
may base its decision on matters of equity and clemency rather 
than simply on whether rules and regulations which existed at 
the time were followed.  Under this broader mandate, and after 
careful consideration of all the facts and circumstances of 
applicant's case, we are persuaded corrective action is 
warranted based on clemency.  The applicant has provided 
numerous character references and it appears the former member 
made a successful transition to civilian life prior to his 
death.  In view of the passage of time and his post-service 
adjustment, we believe upgrading his discharge to honorable and 
changing his narrative reason for separation to “Secretarial 
Authority,” with the corresponding Separation Program Designator 
Code of JFF is appropriate.  Accordingly, we recommend the 
applicant’s records be corrected as 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 at the 
time of his 6 December 1999 discharge, the narrative reason for 
his separation was Secretarial Authority with a separation code 
of “JFF” and was furnished an Honorable Discharge Certificate.


All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01215 was considered:

	Exhibit A.  DD Form 149, dated 20 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Clemency Bulletin, dated 28 Apr 14.
	Exhibit D.  Letter, Applicant, dated 2 Jun 14, w/atchs.
						

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