RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04021 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told his discharge could be upgraded six months after his separation. For the past 16 years he has worked with the Fire Department with no problems and has proven he is a productive and responsible citizen. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 Nov 82, the applicant contracted his enlistment in the Regular Air Force. He was promoted to the grade of airman first class, effective and with a date of rank of 23 Nov 83. He served as a Mental Health Clinic Specialist. On 21 Jan 85, the applicant’s commander notified him that he was recommending his discharge from the Air Force for misconduct. The specific reasons for the discharge action were: a. On 10 Jul 84, he received an Article 15 for being disrespectful to a superior officer. For this misconduct his punishment consisted of correctional custody for 30 days. b. On 13 Dec 84, he received a Record of Individual Counseling (ROC) for failing to meet medical clinic and Air Force standards. c. On 20 Dec 84, he received a Letter of Reprimand (LOR) for being derelict in the performance of duty, military bearing and behavior. His commander advised him of his rights in this matter. On 21 Jan 85, he acknowledged receipt of the notification letter and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. The legal office conducted a legal review and the staff judge advocate found the case legally sufficient to support separation and recommended a general (under honorable conditions) discharge without probation and rehabilitation. On 22 Jan 85, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge and he was discharged on 23 Jan 85 and credited with two years, two months, and one day of active service. On 15 Feb 12, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit D). In response, the applicant indicates the impact his discharge has had on him over the last 27 years and describes his efforts to be a productive member of society since his discharge. He has worked hard to become a qualified emergency medical technician (EMT) and then use that experience in providing years of faithful experience to the fire department. Over the years, he has volunteered and helped the Muscular Dystrophy Association, Ulm Volunteer Fire Department, I-15 Quick Response Unit (EMT), and several other charities through his local union, both on and off-duty. In support of his response, the applicant provides an expanded statement and copies of three supporting statements, his fire department performance evaluations, and a published article describing his professional and community activities. His complete response, with attachments, is 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. No evidence has been presented which would lead us to believe the applicant’s discharge was improper or contrary to the directive under which it was effected. However, consideration of this Board is not limited to the events which precipitated the discharge. In this respect, it may base its decision on matters of equity and justice, rather than simply on whether rules and regulations, which existed at the time, were followed. Under this broader mandate and in view of the passage of time and the applicant’s successful transition to civilian life, we believe it would be an injustice for him to continue to suffer the stigma of his general (under honorable conditions) discharge. Accordingly, we recommend the applicant’s general discharge be upgraded to honorable on the basis of clemency. _________________________________________________________________ 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 23 Jan 85, he was honorably discharged and furnished an Honorable Discharge Certificate. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04021 in Executive Session on 15 May 12, 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 7 Oct 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 15 Feb 12, w/atch. Exhibit D. Letter, Applicant, undated, w/atchs.