RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04207 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be given honorable discharge certificates for his honorable discharges in 1980 and 1984. (Admin Corrected). 2. His under other than honorable conditions discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: In Sep 1984, he was arrested for possession of a controlled substance (marijuana). His attorney presented evidence that proved one of the sources was not reliable. The evidence against him should have been thrown out. However, the trial was so hurried that he was discharged before he knew what was going on. After he received his 10 percent disability rating he was told that he has one honorable and one dishonorable [sic] discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 31 Mar 1977, the applicant enlisted in the Regular Air Force for a period of four years. On 13 Aug 1980, he extended his enlistment for a period of 19 months for the purpose of a Permanent Change of Station assignment. On 23 Dec 1980, he was honorably discharged for the purpose of reenlistment. On 24 Dec 1980, he reenlisted in the Regular Air Force for a period of six years. On 23 Sep 1984, he was honorably discharged for the sole purpose of reenlistment. On 24 Sep 1984, the applicant reenlisted in the Regular Air Force. On 7 Dec 1984, the applicant was discharged from the Air Force, with service characterized as under other than honorable conditions. His narrative reason for separation is “REQ FOR DISCHARGE IN LIEU OF TRIAL BY COURT-MARTIAL.” He had approximately 7 years and 8 months of total active service. The applicant’s discharge package cannot be located; therefore, further information regarding his discharge is not available. In a 15 May 2013 electronic communiqué, SAF/MRBR states that upon completion of the Board, administrative correction of his official military personnel record will be made and he will be issued Honorable Discharge Certificates for his honorable discharges in 1980 and 1984. On 13 May 2013, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). On 11 Jun 2013, the applicant provided numerous post service documents for the Board’s consideration. His complete submission, with attachments is at Exhibit D. ________________________________________________________________ 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 and find no impropriety in the characterization of service. Considered alone, we conclude the discharge proceedings were proper and the 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 justice, rather than simply on whether rules and regulations which existed at the time were followed. After careful consideration of the applicant’s request and the evidence of record, we find sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant upgrading the characterization of the applicant’s discharge to general (under honorable conditions) on the basis of clemency. In this respect, we note that in support of his request, the applicant has provided a letter discussing his honorable character and notable achievements in the over 28 years since his discharge, to include gainful employment and opening his own business. It appears the applicant has successfully transitioned to civilian life and the characterization of his discharge as UOTHC no longer serves a useful purpose. Moreover, we find absolutely no evidence of any derogatory involvement with any civil authorities in the over 28 years since his discharge. Based on a totality of the evidence before us, we find it would be unjust for him to continue to endure the effects of the stigma that is attached to a UOTHC discharge. Therefore, in view of the above, we deem the interest of justice can best be served by removing this blemish from his life and upgrading his discharge to general (under honorable conditions) on the basis of clemency. We considered upgrading his discharge to honorable; however, we do not believe that an upgrade to a fully honorable discharge is warranted. Accordingly, we recommend that his records be corrected to the extent indicated 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 our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 7 December 1984, he was discharged with service characterized as general (under honorable conditions). ________________________________________________________________ The following members of the Board considered this application in Executive Session on 20 Jun 2013, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-04207: Exhibit A. DD Form 149, dated 5 Aug 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 13 May 2013, w/atch.