RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01729
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable and his narrative reason for separation of
Misconduct Pattern of Minor Disciplinary Infractions be
changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
His service was honorable. His discharge was characterized by
then Chief Master Sergeant (CMSgt) H---- who beat him and shot
him in the head twice in a racial incident. There was civil
litigation and criminal proceedings were brought about as a
result of this incident; and, CMSgt H---- was found responsible
for his head injuries. He received a personal apology from
President Reagan as a result of the litigation and was awarded
millions of dollars in a settlement reached by the government.
In support of his request, the applicant provides copies of
various Department of Veterans Affairs medical records and a
copy of his DD Form 214, Certificate of Release or Discharge
from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to information provided by the applicant, he enlisted
in the Regular Air Force on 16 Aug 85. On 9 Oct 87, he was
furnished a general (under honorable conditions) discharge for
Misconduct pattern of minor disciplinary infractions, under
the provisions of AFR 39-10, Administrative Separation of
Airmen, and was credited with 2 years, 1 month, and 24 days of
total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 26 Jul 11
for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. We
took notice of the applicants complete submission in judging
the merits of this case; however, we find no evidence or an
error or injustice that occurred in the discharge process. We
note the applicants military personnel records are not
available for our review. Therefore, the facts surrounding his
separation and character of service could not be verified.
However, based on the presumption of regularity in the conduct
of governmental affairs, absent evidence to the contrary, we
must assume the applicants discharge, to include his service
characterization and narrative reason for separation, were
proper and in compliance with the directive under which it was
effected. Other than his own assertions, the applicant has
presented no evidence to indicate otherwise. We considered
upgrading the discharge based on clemency; however, in the
absence of any evidence of a successful post-service transition,
we are not inclined to recommend granting relief upon this
basis. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend favorable consideration of the
application.
4. The applicants 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 applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-01729 in Executive Session on 7 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 10, w/atchs.
Exhibit B. FBI Report.
Exhibit C. Letter, AFBCMR, dated 26 Jul 11, w/atch.
Panel Chair
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