RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02302
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His discharge be changed from uncharacterized to Honorable.
APPLICANT CONTENDS THAT:
On 28 Apr 98, while in medical hold status awaiting an entry
level separation for having a seizure, he got angry and made a
racial comment directed towards a fellow airman. Due to his
medical condition, he was told not to follow normal formation
procedures however; a fellow airman was not aware and started
badgering him. Though he tried to explain what happened, he was
told a witness provided the whole story.
He knew something had changed with his discharge after receiving
the paperwork but did not really understand the coding and
verbiage. He contacted his parents who contacted their
Congressman and he was released to go home.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Mar 98, the applicant entered the Regular Air Force.
On 6 Apr 98, he was admitted to Wilford Hall Medical Center
(WHMC) after having a seizure.
On 7 Apr 98, he was placed on medical hold by WHMC and
transferred pending further medical evaluation.
On 28 Apr 98, his section supervisor annotated on his training
record that he would have disciplinary action taken against him
for an incident involving a fellow airman. He acknowledged that
same day.
On 29 Apr 98, his section supervisor annotated the investigation
had revealed the applicant made a racial comment towards another
airman and that Article 15, Uniform Code of Military Justice
(UCMJ) action would be administered. He acknowledged the same
day.
On 7 May 98, he received an Article 15, UCMJ based for being
derelict in the performance of his duties by willfully calling a
fellow airman basic a nigger, or words to that effect, on or
about 28 Apr 98. The applicant acknowledged receipt initialing
he was waiving his right to court-martial and not submitting any
written statement. He was sentenced to $199.00 pay and his
commander annotated the information would be filed in an
Unfavorable Information File (UIF).
On 8 May 98, the Judge Advocate found the record of NJP legally
sufficient.
On 13 May 98, the applicant received notification his squadron
commander was recommending his discharge due to commission of a
serious offense under provisions of AFPD 36-32, Military
Retirements and Separations, and AFI 36-3208, Administrative
Separation of Airmen, Chapter 5, Section H, Misconduct,
Paragraph 5.52, for Commission of a serious offense,
specifically under Paragraph 5.52.3. He acknowledged receipt
the same day waiving his option to consult counsel and his right
to submit statements.
On 14 May 98, the separation authority approved the applicants
administrative discharge as an entry-level separation with
uncharacterized service characterization.
On 15 May 98, the applicant received an entry-level separation
with uncharacterized character of service and narrative reason
for separation as misconduct. He was credited with 2 months and
5 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there was no evidence of
an error or injustice in the discharge processing. Based on a
review of the master personnel records, the discharge to include
the SPD code, narrative reason for separation and character of
service was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. It was determined by his
commander that the offense committed by the applicant was of a
serious nature and that it demonstrated a total lack of Air
Force core values.
Based on this assessment, discharge was warranted. According to
AFI 36-3208, paragraph 1.19.1, Airmen are in entry level
separation/uncharacterized service characterization when
separation is initiated in the first 180 days of continuous
active military service. The Department of Defense (DoD)
determined if a member served less than 180 days continuous
active service, it would be unfair to the member and the service
to characterize their limited service. Therefore, the
uncharacterized character of service on the applicants DD Form
214 is correct as indicated and in accordance with DoD and Air
Force Instructions.
The complete DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Oct 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02302 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 6 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
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