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.