RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02372 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: His military record was impeccable up until the last 3 months. His father was near death due to a construction accident that almost took his life. His supervisor was not reasonable with him and never offered alternatives that could have relieved his stress from worrying about his father. Unfortunately, one bad thing happened after another between them, and this led to him not being able to pass his exam to earn his wings. In the end, his career in the military ended prematurely. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 7 Oct 87, the applicant enlisted in the Regular Air Force for a period of four years, as a Tactical Aircraft Maintenance Specialist. On 20 Nov 89, the applicant was notified by his squadron commander that he was recommending his discharge from the Air Force for unsatisfactory performance due to his failure to progress in on-the-job training. The reason for the proposed action was the applicant failed his CDC end of course (EOD) examination on two occasions. The applicant received numerous opportunities to improve his unsatisfactory performance. He received counseling and additional tutoring. Based on the applicant’s punishment under Article 15 and numerous memorandums for record, his commander recommended a general discharge. On 22 Nov 89, the applicant acknowledged receipt of the notification of discharge and, after consulting with legal counsel, submitted statements in his own behalf. The base legal office found the case legally sufficient to support the separation, and the discharge authority approved the separation and directed the applicant be discharged with a general discharge. On 28 Nov 89, the applicant was discharged and received a general discharge. He served on active duty for a period of 2 years, 1 month, and 22 days. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C. On 22 Dec 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. At the same time, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). He responded with a personal letter and two character letters. The applicant states the rental car incident listed on the FBI report was a misunderstanding between him and coworker. They had an agreement regarding the payment of a rental car, and the coworker’s credit card did not have the funds to pay the rental company. He finished his associate and undergraduate degrees, and joined a church in Durham, North Carolina. He is in his last semester of graduate studies at Pfeifer University, and is pursing a career in Healthcare Administration. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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 he was 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 issue 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 28 November 1989, he was discharged with service characterized as honorable. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02372 in Executive Session on 28 Feb 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2011-02372 was considered: Exhibit A. DD Form 149, dated 19 Nov 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, dated 10 Nov 11. Exhibit D. Letter, SAF/MRBC, dated 22 Dec 11. Exhibit E. Letter, Applicant, dated 23 Jan 12, w/atchs.