SECOND ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02518-3

XXXXXXXXXXXXXXX	COUNSEL: XXXXXXXXXXX

	HEARING REQUESTED: YES	

APPLICANT’S REQUESTS

The Board reconsider his request for the following:

a.  His letter of reprimand (LOR) be removed from his record.
b.  His Meritorious Service Medal (MSM) be reinstated.
c.  He be promoted to colonel (O-6).

RESUME OF THE CASE

The applicant is a retired Air Force lieutenant colonel (O-5).  

On 30 Jun 08, the applicant submitted an application asking the Board to correct his record due to racial discrimination.

On 14 Oct 08, the AFPC/JA evaluation noted the applicant’s counsel offered no proof to support his allegations.  He failed to explain how the supposed racial climate at the Academy or the Chief of Staff's power in any way provided justification for the applicant's delay in filing the present application; nor had he established relevancy to the behavior by the applicant that led to the LOR or to prove that the legality of the LOR was in any way diminished by these unproven allegations.  In fact, the report issued in response to an Equal Opportunity and Treatment (EOT) inquiry requested by the applicant following imposition of the 1984 LOR specifically determined that the actions taken by the Chief of Staff regarding the applicant were not based on race.

On 5 Feb 09, the Board considered and denied the applicant’s request to remove the LOR, reinstate his MSM, and promote him to O-6; finding the prior request was not timely submitted but in the interest of justice, excused the failure to timely file.  The Board agreed with the opinions and recommendations of the Air Force offices of primary responsibility and adopted their rationale as the basis for their conclusion that the applicant had not been the victim of an error or injustice.  

On 15 May 17, the applicant submitted a new application asking the Board to reconsider his request contending his LOR was unjust because it was not given for his duty performance, but because of his race, which denied him any chance at promotion.  He submitted new evidence to include two affidavits from a retired FBI special agent and first sergeant, both whom the applicant asserts witnessed the racism and abuse of power by his supervisor.   Additionally, he provided a copy of the book cover titled “Promotion Denied,” authored by himself.

On 10 Oct 18, the Board reconsidered and denied his request for Special Selection Board (SSB) consideration for promotion to O-6; expungement of his LOR; and his retirement application and any resulting entries be removed from his record.  The Board remained unconvinced the evidence presented demonstrated an error or injustice.  The Board reviewed the additional documentation provided by the applicant and did not find it sufficient to overcome the rationale expressed in the previous decision.  In this respect, the applicant had not provided any evidence that disproved the EOT report that determined the actions taken by the Chief of Staff regarding the applicant, were not based on race.

For an accounting of the applicant’s original requests and the rationale of the earlier decisions, see the AFBCMR Letter and Record of Proceedings at Exhibits H and J. 

On 7 Jan 21, the applicant requested reconsideration of his request for SSB consideration for promotion to O-6; removal of his LOR; and reinstatement of his MSM.  He again contends he was forced to end his career due to racial discrimination and unfounded allegations of misconduct.  In support of his reconsideration request, the applicant submitted the following new evidence: (1) Affidavits from relatives and colleagues; (2) New York Times Article “Why Race is Still a Problem for Mormons;” and (3) News Articles about the applicant.

The applicant’s complete submission is at Exhibit K.

APPLICABLE AUTHORITY

Inspector General Department of the Air Force, Report of Inquiry (ROI), Independent Racial Disparity Review (IRDR), dated Dec 20. The IRDR confirmed racial disparity exists for Black service members in law enforcement apprehensions, criminal investigations, military justice, administrative separations, placement into occupational career fields, certain promotion rates, professional military educational development and leadership opportunities.  While the data shows racial disparity, it did not indicate causality.  Unlike Articles 15 and courts-martials, there is no requirement for supervisors, first sergeants or commanders to consult with the base legal office on administrative disciplinary actions.  There is no tracking of whether supervisors and commanders issue LORs, Letters of Admonishment, and Letters of Counseling in a similar manner, magnitude and frequency to enlisted members, regardless of race, gender or ethnicity.  

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The applicant alleges he was discriminated against on the basis of race and that there was bias against him. Allegations of racial disparity warrant careful deliberation; therefore, the Board considered the applicant’s contention of racial discrimination and the Department of the Air Force Independent Racial Disparity Review, which confirmed racial disparity exists for Black service members.  However, the applicant has not established that his race or the issuance of an LOR, revocation of his MSM, or the fact he was not promoted to O-6 occurred because of his race.  In view of the foregoing, the Board finds the provided affidavits, letters of support, and news articles insufficient to overturn the Board’s previous decisions.  Accordingly, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.
RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2008-02518-3 in Executive Session on 17 Feb 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit H:	Record of Proceedings, w/ Exhibits A-G, dated 5 Feb 09.
Exhibit J:  Addendum Record of Proceedings, w/ Exhibit I, dated 10 Oct 18.
Exhibit K:	Application, DD Form 149, w/atchs, dated 7 Jan 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.