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AF | BCMR | CY2014 | BC 2014 01765
Original file (BC 2014 01765.txt) Auto-classification: Approved
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 applicant’s 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 
applicant’s General discharge for his weight management program 
failure renders him the victim of an injustice.  In this 
respect, we note that under today’s 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 applicant’s 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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