RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04412
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was treated like a second class citizen because of his race,
which has ruined his life. He needs his discharge to be upgraded
in order to get a good job.
In support of his request, the applicant provides a copy of DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant reenlisted into the Regular Air Force on 6 Mar 87
in the grade of senior airman (E-4), with 3 years, 10 months and
17 days prior service. The applicant was progressively promoted
to the grade of sergeant (demotion), having assumed that grade
effective and with a date of rank of 1 Dec 87.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 39-10, Chapter 5, Section H, paragraph 5-46,
for a pattern of minor disciplinary infractions. The specific
reasons for this action were his failure to go to his appointed
place of duty, for being derelict in the performance of his
duties on one occasion and his display of insubordinate conduct
toward a superior commissioned officer. He received a Letter of
Reprimand for dereliction of his duties; two Articles 15 for
failing to obey a lawful order and for treating a superior
noncommissioned officer with contempt. After a legal review, the
case was found to be legally sufficient. The applicant received
a general discharge on 7 Oct 88 after serving 1 year, 7 months
and 2 days on active duty.
The Air Force Discharge Review Board (AFDRB) denieda similar
appealon 11 Jan 93.
On 9 Mar 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, the applicant
provided post-service information, which is attached at Exhibit
C.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record on the basis of information furnished.
_________________________________________________________________
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 error or injustice. After careful
consideration of the available evidence, we found no indication
the actions taken to effect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or the actions taken against the applicant were
based on factors other than his own misconduct. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we conclude that no
basis exists to grant favorable action on his request.
4. 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 issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2011-04412 in Executive Session on 17 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 9 Mar 12.
Exhibit D. Letter, Applicant, dated 27 Apr 12.
Panel Chair
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