RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01139 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to “Honorable.” His Reenlistment eligibility status be changed to “Eligible.” APPLICANT CONTENDS THAT: The desired outcome of his personal appearance before the Air Force Discharge Review Board (AFDRB) was not reached. Therefore, an updated version of his initial, misunderstood submission to the AFDRB is submitted to the Board for consideration. His behavior prior to joining the Air Force Reserve and his behavior after his discharge from the Air Force Reserve is not consistent with the false statements, allegations and exaggerations during his brief enlistment in the Air Force Reserve. His discharge was harsh and the allegations made against him were false and unfounded. His colleagues were envious of his television career and other accomplishments, which influenced them to take unprofessional deceptive actions against him. All evidence used to substantiate his 20 December 2003 discharge was inadmissible because the evidence was taken through stress, threats, fear, anger, false promises, intimidation, trickery, duress or deception. In support of his requests, the applicant provides a personal statement, copies of letters, a résumé of his military service, training, education, awards, employment, diplomas, DD Forms 214, Certificate of Release or Discharge from Active Duty; newspaper articles, and various other documents related to this request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 30 July 2003, the applicant was notified by his commander that he was recommending he be discharged under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, for “Misconduct, commission of serious offense, conduct prejudicial to good order and discipline.” The specific reasons for this action were that he actively participated in an organization that espouses supremacist causes and attempts to create illegal discrimination; he used his government computer and cellular telephone for unauthorized purposes; and he committed several acts of disrespect toward his superior commissioned and non-commissioned officers. On 31 July 2003, the applicant acknowledged receipt of the discharge notification. On 15 September 2003, the applicant waived his rights to an administrative board hearing and provided a statement in his behalf. On 10 October 2003, the Deputy Staff Judge Advocate found the discharge legally sufficient. On 5 December 2003, the AFRC/CV directed that he be discharged from the Air Force Reserve. Reserve Order A-068 issued on 5 December 2003, discharged the applicant from the Air Force Reserve under the authority of AFI 36-3209, effective 20 December 2003. His service was characterized as Under Other Than Honorable Conditions (UOTHC) and his reenlistment eligibility status is “Ineligible.” On 16 December 2011, the applicant submitted a request to the AFDRB for an upgrade to his discharge from UOTHC to honorable and that he be allowed to reenlist. On 16 May 2013, the AFDRB denied his appeal. However, the AFDRB concluded the applicant’s UOTHC service characterization was directed without proper authority, thus creating an impropriety. In accordance with AFI 36-3209, paragraph 3.24, UOTHC service characterizations for reserve personnel can only be approved by the Director SAF/MRB (delegated Secretarial authority). Thus, the case was required to go before the Personnel Council because Secretarial action was required before a UOTHC discharge could be approved. Therefore, the AFDRB changed the applicant’s character of service to general (under honorable conditions). However, the AFDRB denied his request to change his reason and authority for discharge and his eligibility to reenlist. Reserve Order A-312 issued on 24 September 2013, discharged the applicant from the Air Force Reserve under the authority of SAF/MRBR memorandum dated 29 August 2013 and AFI 36-3209, effective 20 December 2003. His service is characterized as general (under honorable conditions) and his reenlistment eligibility status is “Ineligible.” On 28 April 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), as of this date, no response has been received by this office. AIR FORCE EVALUATION: SAF/MRBP recommends denial. Following a review of all the submitted documentation, there is no new information presented regarding the basis of the discharge or the inequity or impropriety of the discharge and reenlistment code. The complete MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He reiterates his contentions that the proceedings that caused his discharge from the Air Force Reserve were illegal. The fact that an Air Force Reserve officer made false statements against a junior enlisted member negates all legal proceedings against the junior member. He was made a deliberate direct target of false accusations based on false exaggerations from less experienced personnel with higher rank who were intimidated by his credentials. Since his discharge in 2003, he learned to recognize and avoid becoming involved in similar situations. Should he be allowed to enlist, he could use his skills to assist the Air Force Reserve or ANG. His post-service accomplishments include employment as an armed security guard subcontractor at an overseas U.S. military base, being granted a Department of Defense security clearance, and obtaining numerous state security licenses. In further support of his request, he provides copies of his Transportation Worker Identification Credential (TWIC®); which he states is only issued to U.S. citizens who have successfully completed a Homeland Security background check, an FBI background check and an extensive nationwide criminal background check, and various other documents related to his requests. The applicant’s complete response, with attachments, is at Exhibit F. 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing to warrant an honorable discharge or to change his reenlistment eligibility. While the applicant argues that the proceedings that caused his discharge from the Air Force Reserve were illegal, he has not provided sufficient evidence which would lead us to believe that relief is warranted. In the interest of justice, we considered upgrading the characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the fact the AFDRB upgraded his discharge to a general under honorable conditions, we are not persuaded that an upgrade to a fully honorable discharge is warranted. In view of this and in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered this application in Executive Session on 12 March 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01139 was considered: Exhibit A. DD Form 149, dated 12 March 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin, dated 28 April 2014. Exhibit D. Letter, SAF/MRBP, dated 20 January 2015. Exhibit E. Letter, SAF/MRBR, dated 10 February 2015. Exhibit F. Letter, Applicant, undated, w/atchs.