RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00693 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was released from active duty due to exceeding the weight standards. He has always struggled with his weight since he was very young. He did his job the best he could and was a good airman. Since leaving the service, most recently, his civilian employment field has become more competitive and he now needs his discharge to be upgraded. In addition, he is seeking educational benefits through the Hazelwood Act under entitlement provided through the State of Texas. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 2 Mar 88 discharge; a resume, and excerpts from his military personnel record. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 17 Jul 85 for a period of four years. On 22 Feb 88, the squadron commander initiated administrative discharge action against the applicant for unsatisfactory performance for exceeding weight standards. The underlying basis for this action was the applicant’s inability to comply with Air Force weight standards. After each failure to make satisfactory progress, he was counseled and given an opportunity to overcome his deficiencies, including Letters of Reprimand (LORs) and Letters of Counseling (LOCs). On that same date, the applicant acknowledged receipt of the discharge notification and after consulting with counsel and having been advised of his rights, he submitted statements in his own behalf. The staff judge advocate recommended the applicant be discharged for unsatisfactory performance and that he receive a general (under honorable conditions) discharge, without probation and rehabilitation (P&R). On 20 Feb 88, the discharge authority approved the general discharge without P&R. The applicant was discharged, on 2 Mar 88, for exceeding Air Force weight standards, with service characterized as general (under honorable conditions). He was credited with 2 years, 7 months and 16 days of active duty service. On 6 Sep 11, the applicant was invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit C). ________________________________________________________________ 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. The Board finds no impropriety in the characterization of the applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. 4. Consideration of this Board, however, is not limited to the events which precipitated the discharge. We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments. 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. This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs. 5. Under our broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, the Board is persuaded that he has been a productive member of society since leaving the service. In view of this, we believe it would be an injustice for him to continue to suffer the adverse effects of the discharge he received almost 24 years ago. Therefore, we believe an upgrade of the characterization of his service to fully honorable is warranted on the basis of clemency. Accordingly, we recommend the applicant’s record be corrected to the extent 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 on 2 March 1988, he was honorably discharged and furnished an Honorable Discharge Certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00693 in Executive Session on 13 October 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Feb 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 6 Sep 11, w/atchs. Panel Chair