RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02751 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) be upgraded to honorable. ___________________________________________________________________ APPLICANT CONTENDS THAT: He made some very bad decisions while serving in the Air Force. He wishes he had not rebelled and had followed the guidance provided by his leadership. However, he has since turned his life around by becoming an honorable and respected citizen. He was only 17 years old when he enlisted into the military and did not understand his role in the military. He requests his application be favorably considered so that his honor can be restored; he asks this in the name of learning and changing as a part of valuable lessons learned in life. In support of his request, the applicant provides a copy of his resume. His complete submission, with attachment, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 9 Feb 79. He was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFM 39-12, Chapter 2, Section A, paragraph 2-4c. The specific reasons were for being apathetic, and for having a defective attitude and inability to expend effort constructively. The applicant acknowledged the notification of discharge on 19 Nov 79 and was provided legal counsel. The 81st Tactical Fighter Wing Commander approved a general discharge. The applicant was discharged on 14 Jan 80 after serving 11 months and 6 days on active duty. 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 14 Sep 10, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. In response to our request, the applicant provided a personal statement, which is attached at Exhibit E. On 14 Sep 10, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. In response to our request, the applicant provided post-service information, which is attached 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. We have thoroughly reviewed the circumstances surrounding the applicant's discharge. We find no impropriety in the characterization of the applicant's discharge. 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. 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, the Board majority is persuaded that corrective action is appropriate as a matter of equity and on the basis of clemency. The Board majority therefore concludes that the applicant's discharge should be upgraded to honorable. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 January 1980, he was honorably discharged and furnished an Honorable Discharge certificate. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02751 in Executive Session on 21 Oct 10, under the provisions of AFI 36-2603: By a majority vote, the Board voted to correct the records, as recommended. Mr. Parker voted to deny the applicant’s request and did not submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 14 Sep 10. Exhibit E. Letter, Applicant, dated 15 Sep 10, w/atchs.