RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04750

XXXXX XXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

His discharge under honorable conditions (general) be upgraded to honorable.

APPLICANT CONTENDS THAT:

During his enlistment in the Air Force, he performed above standards and never had discipline issues.  He was discharged for being eight pounds overweight and should never have been given a general discharge.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman First Class (E-3).  On 23 January 1985, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, Section E (Unsatisfactory Performance), paragraph 5-26f (Exceeding Weight Standards).  The specific reason for this action was the applicant exceeded weight standards and in doing so, he received two letters of reprimand and a letter of admonishment.

On 25 January 1985, the discharge action was found legally sufficient, and on 1 February 1985, the discharge authority approved the recommendation.  On 4 February 1985, the applicant received a general character of service.  His narrative reason for discharge was “Exceeding Air Force Weight Standards.” 

AFR 39-10, the authority under which the applicant was separated, did not indicate the type of discharge that should be given for exceeding weight standards.  The current instruction states, “The service of airmen discharged for unsatisfactory performance will be characterized as honorable or general.  However, if the sole reason for separation is for failure to meet physical fitness standards, then only an honorable characterization may be given.”  (See, AFI 36-3208, Administrative Separation of Airmen, dated 9 July 2004, incorporating through change 7, dated 2 July 2013, paragraph 5.28.2.)

On 23 May 2016, the Board recommended granting a similar appeal and the applicant’s record was corrected to indicate she was discharged with an honorable character of service rather than a general (under honorable conditions) character of service.

On 11 August 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  Current policy dictates that if the sole reason for separation is for failure to meet physical fitness standards, then only an honorable characterization may be given.  Based on our review of the evidence of record, the applicant's discharge was based solely on exceeding weight standards.  In a similar case, the Board recommended upgrading the applicant’s discharge from general to honorable based on these changing standards, and nothing about this case is sufficiently different to disturb that precedent.  Accordingly, we recommend his records be corrected as set forth below.

4.  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 the Board’s understanding of the issues.

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 4 February 1985, he was honorably discharged and was furnished an Honorable Discharge Certificate.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04750 in Executive Session on 12 Apr 18:

	 Panel Chair
	 Panel Member
	 Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 October 2016.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Post Service Clemency Letter dated 11 August 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.