RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01729 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable and his narrative reason for separation of “Misconduct – Pattern of Minor Disciplinary Infractions” be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: His service was honorable. His discharge was characterized by then Chief Master Sergeant (CMSgt) ---- who beat him and shot him in the head twice in a racial incident. There was civil litigation and criminal proceedings were brought about as a result of this incident; and, CMSgt ---- was found responsible for his head injuries. He received a personal apology from President Reagan as a result of the litigation and was awarded millions of dollars in a settlement reached by the government. In support of his request, the applicant provides copies of various Department of Veterans Affairs medical records and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to information provided by the applicant, he enlisted in the Regular Air Force on 16 Aug 85. On 9 Oct 87, he was furnished a general (under honorable conditions) discharge for Misconduct – pattern of minor disciplinary infractions, under the provisions of AFR 39-10, Administrative Separation of Airmen, and was credited with 2 years, 1 month, and 24 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. A copy of the FBI Investigative Report and a request for post- service information was forwarded to the applicant on 26 Jul 11 for review and comment 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice. We took notice of the applicant’s complete submission in judging the merits of this case; however, we find no evidence or an error or injustice that occurred in the discharge process. We note the applicant’s military personnel records are not available for our review. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, absent evidence to the contrary, we must assume the applicant’s discharge, to include his service characterization and narrative reason for separation, were proper and in compliance with the directive under which it was effected. Other than his own assertions, the applicant has presented no evidence to indicate otherwise. We considered upgrading the discharge based on clemency; however, in the absence of any evidence of a successful post-service transition, we are not inclined to recommend granting relief upon this basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the 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: 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-2010-01729 in Executive Session on 7 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 May 10, w/atchs. Exhibit B. FBI Report. Exhibit C. Letter, AFBCMR, dated 26 Jul 11, w/atch.