RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05240
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to a general (under 
honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

During his time in the Air Force he experienced racism and 
unfair treatment and reacted the only way he knew how; 
negatively.

If he had received the proper support and resources he would 
have had a different experience in the Air Force.

He has not been able to get his life on track due to failed 
relationships/marriages and his inability to maintain meaningful 
employment.  He has also battled with drugs and alcohol.

In support of his appeal, the applicant provides a personal 
statement.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 30 May 79, the applicant enlisted in the Regular Air Force 
for a period of four years.  

On 13 Jun 80, the applicant received an Article 15 for striking 
another airman with a hair pick in the left hand.  His 
punishment consisted of a suspended reduction to the grade of 
airman and forfeiture of $50.00 per month for two months.

On 1 Mar 82, the applicant received an Article 15 for unlawfully 
striking a female about the face and arms with his fists; failed 
to obey a lawful general regulation by having a female guest in 
his dorm room during other than authorized visiting hours.  For 
this offense, he received a reduction to the grade of airman 
first class, forfeiture of $75.00 per month for one month.  He 
appealed the Article 15; however, his appeal was denied.

On 29 Nov 82, the applicant received an Article 15 for 
wrongfully using provoking words; being disrespectful in 
language and deportment towards a Senior Noncommissioned Officer 
(SNCO); on or about 13 Nov 82, he communicated to an NCO, a 
female, certain indecent and insulting language, he wrongfully 
committed an indecent act with an airman, by presenting her with 
a box of candy which he knew had a condom in it.  His punishment 
consisted of a reduction to the grade of airman basic.  He 
appealed the Article 15; however, his appeal was denied.

On 19 Jan 83, the applicant was tried by a special court-martial 
at the Royal Air Force Greenham Common.  The court-martial was 
based on charges that occurred on 8 Jan 83; Charge I: for 
unlawfully striking someone with his hands and fists; Charge II: 
participating in a breach of the peace by ejecting someone from 
his barracks room; by assaulting that person at or near his 
barracks; by directing insulting language toward that person 
near his barracks; Charge III, failed to obey a lawful order to 
produce a military ID card; Charge IV, on 9 Jan 83, he was 
disrespectful in language and deportment toward, his superior 
NCO; Charge V, on 9 Jan 83, wrongfully used provoking words 
towards an NCO.

To the specification of charges I, II, III and IV, he pled 
guilty to the charges and to Charge V, it was dismissed by the 
military judge.  He was found guilty of all of the remaining 
specifications and charges.  The applicant was sentenced in 
accordance with his plea by a military judge to a BCD, 
confinement with hard labor for four months, and forfeiture of 
$382.00 per month for four months.  On 21 Jan 83, the court-
martial was adjudged.

On 3 Feb 86, the applicant was discharged by reason of 
conviction by court-martial (other than desertion), with a BCD, 
in the grade of airman basic.  He was credited with 6 years, 
4 months, and 26 days of active duty service, excluding lost 
time from 21 Jan 83 thru 28 Apr 83 and 2 years, 9 months, and 
4 days of excess leave.  

On 27 Jan 88, the applicant appealed to the Air Force Discharge 
Review Board (AFDRB) to have his discharge upgraded; however, 
the AFDRB denied his application.  They concluded the discharge 
was appropriate under the facts and circumstances of his case 
and there was insufficient basis to warrant clemency for a 
change in the discharge (see AFDRB Hearing Record at Exhibit B).  

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THE AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, stating, in part, that upgrading 
the applicant’s BCD is not appropriate on the basis of an error 
or injustice with the court-martial process.  

The applicant contends that he experienced racism and unfair 
treatment during his time in the Air Force.  He does not claim 
that his behavior was appropriate.  He only argues that had this 
racism not occurred, or had he been able to seek help and 
counseling regarding this prejudicial treatment, he would not 
have acted the way he did.

The requested relief cannot be done administratively.  The 
application has not been submitted in a timely fashion.

In accordance with Title 10 U.S.C. §1552(f)(2), the Board may 
take "action on the sentence of a court-martial for purposes of 
clemency."  In this case, we find no error or injustice with the 
court-martial process which would warrant changing the 
applicant's court-martial sentence.  The applicant had a history 
of inappropriate conduct, including an Article 15 in 1982.  No 
evidence is provided to substantiate his claims of prejudicial 
treatment.

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 1 Aug 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

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THE BOARD CONCLUDES THAT:

The Board has carefully reviewed the applicant’s submission and 
the evidence of record and the Board Majority does not find a 
sufficient basis to excuse the untimely filing of this 
application.  The Board majority noted that the applicant did 
not file within three years after the alleged error or injustice 
was discovered as required by Title 10, United States Code, 
Section 1552 and Air Force Instruction 36-2603, Air Force Board 
for Correction of Military Records.  The Board majority stated 
that the applicant has not shown a plausible reason for the 
delay in filing.  The Board majority was not persuaded that the 
record raises issues of error or injustice which require 
resolution on the merits.  Thus, the Board majority cannot 
conclude that it would be in the interest of justice to excuse 
the untimely filing of this application. 

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DECISION OF THE BOARD:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-05240 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

By a majority vote, the Board recommended the applicant’s 
request be denied as  untimely and on the merits.  Mr. Walker 
voted to deny on the merits alone and elected not to submit a 
minority report. The following documentary evidence was 
considered:

    Exhibit A.  DD Form 149, dated 9 Sep 13, w/atch. 
    Exhibit B.  Pertinent Excerpts from Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 23 Jul 14.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 14, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 14.