RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01215 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late husband’s records be corrected to show that his general (under honorable conditions) discharge was upgraded to honorable. APPLICANT CONTENDS THAT: Her late husband was told he could change his general (under honorable conditions) discharge after six months. She is unable to draw any of his Department of Veteran’s Affairs (DVA) benefit unless it reflects honorable. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: A discharge package was not available in the applicant’s military personnel records (MPR). The facts surrounding his separation cannot be verified. The available records reveal that on 11 Jan 96, the former member entered the Regular Air Force. On 20 Jan 99, he received a referral Enlisted Performance Report (EPR) with an overall rating of “2, Not Recommended at This Time” from both his rater and endorser for the time period 11 Sep 98 to 7 Jan 99. The EPR reflects that he was counseled repeatedly for failing to perform simple tasks and meeting minimum appearance standards. The EPR highlighted that the applicant was reprimanded for failing in the Weight Management Program (WMP) three times. On 26 Jan 99, his squadron commander recommended he be denied the Air Force Good Conduct Medal due to his placement on the control roster. On 27 Oct 99, he received a referral EPR with an overall rating of “1, Not Recommended” from both his rater and endorser for the time period 8 Jan 19 to 13 Oct 99. The EPR notes his lackadaisical attitude, his inability to clearly express thoughts or ideas verbally or in writing and his lack of initiative. The EPR noted his placement on the control roster for failure to maintain sanitary conditions in government quarters as well as his failure to maintain personal hygiene. The applicant’s struggles in the WMP as well as his lack of motivation to do more were also noted. According to an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 1 Nov 99, the applicant failed to obey a lawful order in violation of Article 92 of the Uniformed Code of Military Justice (UCMJ). He was reduced to the grade of airman, with a new date of rank of 5 Nov 99. On 6 Dec 99, the applicant received a general (under honorable conditions) discharge with a narrative reason of Misconduct. He was credited with 3 years, 10 months, and 26 days of active service excluding 4 months and 3 days for time lost. According to the death certificate provided by the applicant the former member died 2 Mar 13. On 28 Apr 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). In response to this request, the applicant provides numerous character letters (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant’s spouse 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. Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives. Considered alone, we conclude the discharge proceedings were proper and 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 corrective action is warranted based on clemency. The applicant has provided numerous character references and it appears the former member made a successful transition to civilian life prior to his death. In view of the passage of time and his post-service adjustment, we believe upgrading his discharge to honorable and changing his narrative reason for separation to “Secretarial Authority,” with the corresponding Separation Program Designator Code of JFF is appropriate. Accordingly, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his 6 December 1999 discharge, the narrative reason for his separation was Secretarial Authority with a separation code of “JFF” and was furnished an Honorable Discharge Certificate. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01215 was considered: Exhibit A. DD Form 149, dated 20 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Clemency Bulletin, dated 28 Apr 14. Exhibit D. Letter, Applicant, dated 2 Jun 14, w/atchs.