RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00780 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He has been successful since his discharge from the Air Force, he has earned his Bachelor’s Degree, and he has had no incidents with alcohol since his discharge. In support of his appeal, the applicant provides a copy of his college transcript. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 23 March 1987 to 23 March 1990. He was progressively promoted to the grade of senior airman (E-4) effective 12 November 1989. On 14 February 1990, the applicant was notified of his commander’s intent to recommend him for discharge for failure in the Alcohol Rehabilitation Program under the provisions of Air Force Regulation 39-10, Chapter 5, Section F, paragraph 5-32. The applicant acknowledged receipt, consulted counsel, and waived his right to submit statements in his own behalf. On 19 March 1990, the Staff Judge Advocate found the case to be legally sufficient and recommended the applicant be discharged with a general (under honorable conditions) characterization of service. On 22 March 1990, the discharge authority approved the recommended discharge and directed he be discharged without probation or rehabilitation. The applicant was discharged effective 23 March 1990 after serving three years and one day on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 29 April 2010, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. In addition, he was given the opportunity to submit comments about his post service activities (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 the 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 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 23 March 1990, he was honorably discharged and furnished an Honorable Discharge certificate. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00780 application in Executive Session on 21 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010- 00780 was considered: Exhibit A. DD Form 149, dated 17 Feb 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit E. Letter, AFBCMR, dated 29 Apr 10, w/atchs.