RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01215 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1.  His General (Under Honorable Conditions) discharge be upgraded to Honorable, and his record reflect he separated as a Staff Sergeant. 2. He be awarded the following decorations: a.  The Korean War Service Medal (KWSM). (Administratively corrected) b.  The Air Force Good Conduct Medal (AFGCM). (Administratively corrected) c.  The National Defense Service Medal (NDSM). (Already reflected on his DD Form 214, dated 2 Dec 56.) d.  The United Nations Service Medal (UNSM). (Already reflected on his DD Form 214, dated 2 Dec 56.) e.  The Presidential Unit Citation (PUC). 3.  He be provided copies of a citation for service in Korea, a Letter of Commendation he received while at Rushmore Air Force Station, SD and the Syngman Rhee Citation. APPLICANT CONTENDS THAT: 1.  The procedures used for his separation were unjust. He was given no chance for defense or explanation and was told he had no recourse. He believes he was the victim of racial prejudice at the hands of one person because of his Native American heritage, his First Sergeant—the only individual he ever met among all of the officers and enlisted people in the Air Force who treated him that way. At the end of a three day pass he returned late in the evening and failed to check the duty roster. While he was away, his First Sergeant had assigned him extra duty out of the normal rotation without notifying him. When he didn’t show up for the added duty, his First Sergeant gave him an Article 15 and reduced him in rank from Staff Sergeant to Airman First Class. Then, due to his math error in his check book ledger, he signed a check for under $20.00 for which he didn’t have sufficient funds. Telephone calls were made from the vendor to his Orderly Room to simply fix the error, but were never passed to him. Instead, his First Sergeant had him arrested. He was put before an “administrative hearing,” and told he was guilty of being Absent Without Leave (AWOL). He was also told he would not be allowed to speak in his own defense, and when he did try to speak he was very bluntly told to “Shut Up.” He was given a General discharge, and warned not to try any type of recourse or it could result in a Bad Conduct Discharge. 2.  His record since discharge warrants clemency. He has been gainfully employed and contributing to the community since age 12. After his military service he worked in numerous jobs from Oil Field Pipe Inspector to a Regional Security Manager for a store. He served for many years in law enforcement, eventually retiring as Captain of the Williams County Sheriff’s Department. He was elected to a Town-ship Chair; served as a member of the School Board, served on the Water Board, was appointed by the Governor of his state to serve on his Committee on Aging; served on the Trenton Indian Service Area Board of Directors; was Co-Chair of the Graying of North Dakota Coalition; served on the Tri-County Drug Task Force; served as both President and Vice President of the International Crime Information Exchange Network; served on the Family Recovery Center Board of Directors; served on the Williams County Senior Citizen Board; served as the President of the Trenton Senior Citizen’s Council; served on the Bishop’s Committee on Church Affairs; and volunteered as a youth instructor at his church and a chaperone for youth travel. In addition, he was instrumental in establishing a memorial for three fallen soldiers from his community (two in Korea and one in Vietnam). 3.  His records were lost in a house fire so he has no record of receiving the KWSM, AFGCM, NDSM, or UNSM. His unit in Korea was also awarded the PUC. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 Dec 52. On 2 Dec 56, the applicant was issued an Honorable discharge, and was credited with four years of active service. On 11 Jul 57, the applicant reentered the Regular Air Force and was stationed at Rushmore Air Force Station, South Dakota. On 13 Jan 59, the applicant was issued a General (Under Honorable Conditions) discharge, and was credited with 5 years, 5 months and 29 days of total active service. On 29 Mar 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no additional information beyond that which was provided with his initial application has been received by this office. On 1 Jul 15, AFPC/DPSIDR directed the applicant’s DD Form 149, Application For Correction Of Military Record, dated 2 Dec 56, be corrected to add the following decorations: 1.  The Korean War Service Award (KWSA). 2.  The Air Force Good Conduct Medal (AFGCM). 3.  The Air Force Longevity Service Award (AFLSA). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for decorations and citations beyond that which has been administratively corrected, indicating there is no evidence of an error or an injustice. It appears the applicant’s military personnel record was heavily damaged in the fire at the National Personnel Records Center in 1973, so limited documentation is available for review. A review of the available record verified the applicant qualified for award of the NDSM, KWSM, UNSM, AFGCM, and Air Force Longevity Service Award (AFLSA). The NDSM, KSM and the UNSM are already annotated on the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 2 Dec 56. The applicant’s record is being administratively corrected to add the AFGCM, the AFLSA, and the KWSM. The PUC is awarded to units of the United States Armed Forces for outstanding performance in action against an armed enemy occurring on, or after, 7 Dec 41 for the Air Force. Recommend denial of the PUC as there is no documentation in his limited record, nor did he provide any, confirming he served with a unit which received the PUC while he was assigned to it. Additionally, there are no official citations awarded by the Department of Defense or the Air Force for service in Korea, there are no Letters of Commendation available in his remaining record, and there is no Syngman Rhee Citation. A complete copy of the AFPC/DPSID 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 27 Jul 15 for review and comment within 30 days (Exhibit E). 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 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. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, the documentation the applicant submitted concerning his post-service activities was insufficient for the Board to determine his accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting additional relief beyond that which has been administratively corrected. 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-2015-01215 in Executive Session on 3 Nov 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 7 Feb 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSID, dated 1 Jul 15. Exhibit D.  Letter, SAF/MRBC, dated 29 Mar 15, w/atch. Exhibit E.  Letter, SAF/MRBR, dated 27 Jul 15.