RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01765 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: Prior to his hearing with his squadron commander, he was denied legal advice. He had issues maintaining weight standards. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 28 May 85. On 7 Jul 88, the applicant was notified by his commander of his intent to recommend his discharge for “Unsatisfactory Performance” – exceeding weight standards, under the provisions of AFR 39-10, Paragraph 5-26f. The reasons for this action included Letters of Reprimand (LOR), dated 22 Jun 88, 24 May 88, 25 Mar 88, and 25 Jan 88 for failure to maintain weight below the maximum allowable weight as stated in AFR 35-11, Weight Management Program. The letter of notification indicated the applicant had a right to consult with legal counsel and had to right to submit statements on his own behalf. On 14 Jul 88, after consulting with legal counsel, the applicant waived his right to submit statements or rebuttal. On 20 Jul 88, the case was found legally sufficient and the discharge authority subsequently directed the applicant be furnished a general (under honorable conditions) discharge. On 3 Aug 88, the applicant was furnished a general (under honorable conditions) discharge, and was credited with three years, two months, and six days of active service. On 1 May 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We find no impropriety in the characterization of applicant's discharge. 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. In this respect, it may base its decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. Under this broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that the applicant’s General discharge for his weight management program failure renders him the victim of an injustice. In this respect, we note that under today’s standards, similarly situated members, those whose discharge is based solely on their inability to meet fitness standards, would receive no less than an honorable discharge. Therefore, we believe the continued stigma of the applicant’s General discharge serves no useful purpose and therefore recommend his records be corrected as indicated below. 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 3 August 1988 he was discharged with service characterized as honorable, instead of general (under honorable conditions), and was issued an honorable discharge certificate. The following members of the Board considered AFBCMR Docket Number BC-2014-01765 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01765 was considered: Exhibit A. DD Form 149, dated 17 Apr 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 1 May 14.