RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03514 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He would like to receive benefits to attend school. He was a young airman who made some dumb choices which led to his separation. He does not deny the character of service he received; however, based on his career with the Army National Guard, he feels his character of service should be upgraded to honorable. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 8 Dec 94, the applicant initially entered the Regular Air Force. On 22 Jul 96, the squadron commander notified the applicant of administrative discharge action for misconduct, specifically for minor disciplinary infractions. For a full list of the offenses, please see the commander’s notification letter at Exhibit B. After consulting with counsel and having been advised of his rights, the applicant waived his right to submit statements in his own behalf. On 23 Jul 96, the staff judge advocate found the case file legally sufficient and recommended the applicant receive a general discharge without probation and rehabilitation (P&R). On 24 Jul 96, the discharge authority approved the general discharge without P&R. On 7 Aug 96, the applicant was discharged by reason of misconduct, with service characterized as general (under honorable conditions) in the grade of airman basic (AB/E-1). He was credited with 1 year, 7 months, and 25 days of active duty service. According to the documents provided by the applicant, on 26 Feb 99, the applicant enlisted in the Texas Army National Guard (TX ARNG), in the grade of E-1. According to a DD Form 214, Certificate of Release or Discharge from Active Duty, issued 15 Dec 03, the applicant was recalled to Extended Active Duty (EAD) from 26 Aug 02 – 15 Dec 03, in support of Operation NOBLE EAGLE. He was credited with 1 year, 3 months, and 20 days of active duty during this period. According to DD Form 214, issued 3 Jan 07, the applicant was recalled to EAD, on 18 Aug 05, in support of Operation ENDURING FREEDOM and was credited with 1 year, 4 months, and 16 days of active duty during this period. According to DD Form 214, issued 10 Jun 08, the applicant was recalled to EAD, on 2 Apr 07, in support of Operation JUMP START and was credited with 1 year, 2 months, and 9 days of active duty during this period. According to DD Form 214, issued 26 Sep 10, the applicant was recalled to EAD, on 1 Oct 09, in support of Operation IRAQI FREEDOM and was credited with 11 months and 26 days of active duty service during this period. A copy of the clemency bulletin was forwarded to the applicant, on 1 Sep 14, for review and comment with 30 days (Exhibit C). In support of his appeal, the applicant provides copies of several letters of character reference from former service members; friends; co-workers, and an email with background check information (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. We have thoroughly reviewed the circumstances surrounding the applicant's discharge. Considered alone, it appears 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. 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. Under our broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, and in view of the absence of any derogatory information since his separation, the letters of support submitted in his behalf, and his honorable service in support of contingency operations with the Texas Army National Guard, we believe an upgrade of the characterization of his discharge to fully honorable is warranted on the basis of clemency. Accordingly, we recommend the applicant’s records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 7 Aug 96, he was honorably discharged and furnished an Honorable Discharge certificate. The following members of the Board considered AFBCMR Docket Number BC-2014-03514 in Executive Session on 7 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Aug 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 1 Sep 14. Exhibit D. Letter, Applicant, dated 14 Sep 14, w/atchs.