RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01765
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
Prior to his hearing with his squadron commander, he was denied
legal advice. He had issues maintaining weight standards.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
28 May 85.
On 7 Jul 88, the applicant was notified by his commander of his
intent to recommend his discharge for Unsatisfactory
Performance exceeding weight standards, under the provisions
of AFR 39-10, Paragraph 5-26f. The reasons for this action
included Letters of Reprimand (LOR), dated 22 Jun 88, 24 May 88,
25 Mar 88, and 25 Jan 88 for failure to maintain weight below
the maximum allowable weight as stated in AFR 35-11, Weight
Management Program. The letter of notification indicated the
applicant had a right to consult with legal counsel and had to
right to submit statements on his own behalf.
On 14 Jul 88, after consulting with legal counsel, the applicant
waived his right to submit statements or rebuttal.
On 20 Jul 88, the case was found legally sufficient and the
discharge authority subsequently directed the applicant be
furnished a general (under honorable conditions) discharge.
On 3 Aug 88, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with three
years, two months, and six days of active service.
On 1 May 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We find no
impropriety in the characterization of applicant's discharge.
Considered alone, we conclude the discharge proceedings were
proper and the 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 that the
applicants General discharge for his weight management program
failure renders him the victim of an injustice. In this
respect, we note that under todays standards, similarly
situated members, those whose discharge is based solely on their
inability to meet fitness standards, would receive no less than
an honorable discharge. Therefore, we believe the continued
stigma of the applicants General discharge serves no useful
purpose and therefore recommend his records be corrected as
indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
3 August 1988 he was discharged with service characterized as
honorable, instead of general (under honorable conditions), and
was issued an honorable discharge certificate.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01765 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01765 was considered:
Exhibit A. DD Form 149, dated 17 Apr 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 1 May 14.
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