AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00478
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His commander told him that she did not want a black man
receiving the same benefits that she would be entitled to. His
discharge was racially unjust and unfair.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 Aug 85 for
a term of four years and was progressively promoted to the grade
of sergeant. On 29 Dec 92, the applicant’s commander notified
him that she was recommending he be discharged from the Air Force
for Misconduct - Pattern of Minor Disciplinary Infractions. The
reasons for the action included two occasions of failure to go,
two instances of violation of regulation, one instance of conduct
unbecoming of a noncommissioned officer, for which he received
five letters of reprimand, three letters of counseling, an
unfavorable information file (UIF), and entry on the Control
Roster.
The applicant acknowledged receipt of the notification of
discharge and waived his rights to consult with legal counsel and
to submit statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support the applicant’s general (under honorable
conditions) discharge for Misconduct – Pattern of Minor
Disciplinary Infractions.
On 29 Jan 93, the applicant was furnished a general (under
honorable conditions) discharge in accordance with AFR 39-10,
Administrative Separation of Airmen, for a Pattern of Minor
Disciplinary Infractions, and was credited with seven years, five
months, and ten days of total active service.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), provided a copy of an Investigation Report,
which is at Exhibit C.
On 7 Sep 12, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review and
response 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 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 process. Based on the
available evidence of record, it appears the applicant’s general
(under honorable conditions) discharge for misconduct was
consistent with the substantive requirements of the discharge
regulation and within the discharge authority’s discretion. He
has provided no evidence which would lead us to believe his
general (under honorable conditions) discharge was improper or
contrary to the provisions of the governing directive. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, in the absence of any evidence related to
his activities since leaving the service, we are not inclined to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
2
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-2012-00478 in Executive Session on 31 Oct 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 7 Sep 12, w/atch.
Panel Chair
Member
Member
Panel Chair
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