RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03005 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His (general) under honorable conditions discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for exceeding the weight management standards by 11 pounds. He was told that his discharge would be changed to an honorable discharge after six months. He does not feel that because heredity issues with his size and weight that his military record should cause him shame. He also was informed the commander that discharged him for not meeting weight standards was ultimately discharged for wrongfully discharging individuals. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 9 Mar 84, the applicant contracted his enlistment in the Regular Air Force. On 23 Apr 86, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsatisfactory performance. The specific reasons for the discharge action were that he received a letter of counseling (LOC), two letters of Reprimand (LOR), and his name was placed on the control roster for failing to meet weight standards. His commander advised him of his rights in this matter and on 23 Apr 86, he acknowledged receipt of the notification for discharge. On 5 May 86, the legal office reviewed the case and found it legally sufficient to support separation and recommended he be furnished a general discharge without probation and rehabilitation. On 8 May 86, the discharge authority concurred with the commander’s recommendation and directed the applicant be furnished a general (under honorable conditions) discharge without probation and rehabilitation. On 14 May 86, the applicant was furnished a general (under honorable conditions) discharge and he was credited with two years, two months, and six days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 2 Nov 11, a copy of the Investigative Report and a request for post-service information was forwarded to the applicant for review and comment within 30 days (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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, in the absence of any evidence related to his activities since leaving the service, there is no basis to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03005 in Executive Session on 22 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Aug 11. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 2 Nov 11, w/atch