RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-02632
		INDEX CODE: 110.00
 						COUNSEL:  NONE
			  		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His character of service be upgraded from general to honorable.

2.  His narrative reason for separation be changed from Misconduct-Pattern Discreditable Involvement with military or Civil Authorities to General Agreement of Discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

In his mutual agreement to separate he was assured an honorable discharge.  The misconduct-pattern was never detailed, proved or court-martialed [sic]}.  There was never a pattern of misconduct.

In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. 

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 July 1981. On 3 November 1982, he was notified by his commander that he was recommending discharge from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airman, paragraph 5-47a for misconduct (pattern discreditable involvement with military or civil authorities).  The specific reasons for this action were on 5 May 1982, he received a Letter of Reprimand (LOR) for possession of alcoholic beverages; on 26 March 1982, he received an LOR for offering to sell marijuana; on 14 January 1982, he received an Article 15 for failure to go; on 17 August 1982, he received an LOR for failure to go; and on 30 August 1982, he received an Article 15 for possession of marijuana.  On 8 November 1982, he acknowledged receipt, consulted counsel, and submitted statements on his own behalf.  In a legal review of his case, the base legal office found it legally sufficient and recommended a general discharge.  

On 24 November 1982, he was discharged in the grade of airman.  He served a total of 1 year, 4 months and 10 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 2 October 2007, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

On 14 November 2007, a request for post-service information was forwarded to the applicant for response within 30 days.  In response to our request, applicant provided post-service information, which is attached at 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.  The Board finds no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  

4.  Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.  Taking into consideration the available post-service information, it appears likely that the applicant has overcome the behavioral traits which led to the discharge action and has led a stable and productive life since the separation.  We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  Accordingly, we find that corrective action is appropriate on the basis of clemency and recommend the records be corrected as indicated below.

6.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMEDS:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that that on 24 November 1982, he was discharged under the provisions of AFR 39-10, paragraph 1-2, (Secretarial Authority) and furnished an Honorable Discharge certificate.

_______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-02632 in Executive Session on 18 December 2007, under the provisions of AFI 36-2603:

All members voted to correct the record as recommended.  The following documentary evidence pertaining to Docket Number BC-2007-02632 was considered:

	Exhibit A.  DD Form 149, dated 18 August 2007, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Negative Reply, 2 October 2007.
    Exhibit D.  Applicants Response, dated 7 November 2007.