RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02401

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT’S CONTENTIONS

His overall quality of service during his enlistment coupled with his achievements since discharge merit granting clemency and changing his discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).  

On 18 May 93, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFR 39-10, Administrative Separation of Airmen, Paragraphs 4-46 and 5-62 for a pattern of misconduct consisting solely of minor disciplinary infractions and AFR 35-11, Air Force Weight and Fitness Program, for exceeding body fat standards.  The specific reasons for the action were as follows:

	a. On 15 Oct 92, he received a Letter of Counseling for his first unsatisfactory period in the Weight Management Program (WMP). 

	b. On 16 Dec 92, he received a Letter of Reprimand as a result of his second WMP unsatisfactory period.  

	c. On 9 Feb 93, he received an Article 15 for failure to go.   

	d. On 10 Feb 93, he received a Letter of Reprimand for his third WMP unsatisfactory period.  

	e. On 31 Mar 93, 1 Apr 93, and 2 Apr 93, he failed to go to his appointed place of duty for which his suspended reduction was vacated and discharge was initiated.  

On 21 May 93, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 25 May 93.

On 1 Jun 93, the applicant received a general (under honorable conditions) discharge. 

On 6 Aug 20, the AFBCMR staff provided the applicant the consolidated clarifying guidance, for complete transparency, since it applies in his case for clemency.  The guidance memoranda are at Exhibit E.

For more information, see the excerpt of the applicant’s record at Exhibit B.

POST-SERVICE INFORMATION

On 20 Mar 20, the Board sent the applicant a standard request for post-service information (Exhibit C).  This letter informed the applicant that a Federal Bureau of Investigation (FBI) background check would assist the Board in evaluating his case.  This required background check provides the Board information relating to criminal, court, or other related activities.  The only exception would be proof of employment in jobs where background checks are part of the hiring process.  The applicant did reply to the request for post-service information and in his response, he provided proof of employment with the census bureau (Exhibit D). 

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

On 25 Jul 18, the Under Secretary of Defense issued supplemental guidance (Wilke Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7.

The entire guidance can be found at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board finds no error in the original discharge process, the Board recommends relief based on clemency. In this regard, The Board notes the applicant’s post-discharge record to include employment with the Census Bureau and his educational accomplishments.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 Jun 93, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF” and that he was furnished an honorable discharge certificate.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-02401 in Executive Session on 2 Sep 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF MRBC, w/atch, date 20 Mar 20.
Exhibit D:	Additional Documents, received 27 Apr 20.
Exhibit E:	Clarifying Guidance, various dates, sent 6 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.