RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04417 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He feels his general discharge reflects poorly on his character and it has hindered him in his career path. Since his discharge, he has conducted himself in a manner consistent with those men and women who have received an honorable discharge. He has continued his education in the electrical career field and is in the process of becoming a Master Electrician. He has obtained both an Associate’s Degree and Bachelor’s Degree; and is currently working on a Master’s Degree. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 9 May 1980. The applicant received one Letter of Counseling (LOC), two Letters of Reprimand (LORs), and one Article 15 punishment between 18 May 1981 and 20 November 1981. His offenses included failing to discharge his financial responsibility, being arrested for speeding (101 miles per hour in a 55 miles per hour zone), reporting late to duty, and wrongfully using marijuana while in a military vehicle on duty. On 31 December 1981, the applicant was notified of his commander’s intent to recommend him for a general discharge under the provisions of Air Force Regulation (AFR) 39-32, Chapter 2, Section A, paragraph 2-4(c), for apathy and defective attitude. The applicant acknowledged his commander’s intent, consulted counsel, waived his rights to submit statements in in own behalf, and elected to submit an unconditional waiver to a hearing before an administrative discharge board. After the Staff Judge Advocate found the case to be legally sufficient, the discharge authority approved the recommended discharge and directed the applicant be furnished a general discharge certificate. The applicant was discharged from active duty in the grade of airman (E-2) effective 4 May 1982 with a general (under honorable conditions) discharge. His DD Form 214, Certificate of Release or Discharge from Active Duty, indicates his narrative reason for separation as “Unsuitability-Apathy, Defective Attitude.” He served 1 year, 8 months, and 26 days on active duty. ________________________________________________________________ _ 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 applicant was not afforded all the rights to which he was 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 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 31 years ago. Therefore, we believe an upgrade of the characterization of his service to honorable is warranted on the basis of clemency. 6. 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 4 May 1982, he was discharged with service characterized as honorable and was furnished an Honorable Discharge certificate. ________________________________________________________________ _ The following members of the Board considered this application in Executive Session on 27 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2012- 04417 was considered: Exhibit A. DD Form 149, dated 18 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records.