RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04892

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Under Honorable Conditions discharge be upgraded to Honorable and would like a military identification (ID) card to access military base facilities.  

APPLICANT CONTENDS THAT:

He was forced to leave to military early due to the color of his skin.  A Sergeant was looking to get rid of as many black mem out of the service before he retired.  The applicant wanted to make a career and was forced to leave prematurely.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Dec 80.  

On 16 Jul 82, the applicant received a Letter of Counseling for violation of AFR 35-10, Dress and Personal Appearance of Air Force Personnel. 

On 23 Jul 82, the applicant received a Letter of Reprimand (LOR) for failure to go.  

On 30 Nov 82, the applicant received a LOR for failure to pay his NCO Open Mess bill.  

On 28 Feb 83, the applicant’s commander notified the applicant of his intent to offer nonjudicial punishment (NJP) under Article 15 for two offenses of theft and subsequently, the applicant waived his right to demand trial by court-martial and accepted NJP proceedings under Article 15.

On 8 Mar 83, the applicant’s commander imposed punishment of a reduction to the grade of Airman, forfeiture of $150.00 pay (forfeiture in excess of $50.00 suspended until 26 Aug 83), and perform 14 days extra duty.  The applicant did not appeal.  

On 11 Mar 83, the applicant’s commander notified the applicant of his intent to offer nonjudicial punishment (NJP) under Article 15 for failure to go at the time prescribed to his appointed place of duty, on 9 Mar 83 and 11 Mar 83.

On 15 Mar 83, the applicant waived his right to demand trial by court-martial and accepted NJP proceedings under Article 15. 

On 16 Mar 83, the applicant’s commander imposed punishment of a forfeiture of $50.00 pay.  The applicant did not appeal.  On the same date, the commander notified the applicant he was being recommended for discharge from the Air Force for minor disciplinary actions.

On 29 Mar 83, the discharge action was reviewed and found legally sufficient.  

On 31 Mar 83, the applicant’s discharge was approved with a characterization of service of General, Under Honorable Conditions.

On 4 Apr 83, the applicant was furnished an Under Honorable Conditions discharge with a Pattern of Minor Disciplinary Infractions narrative reason for separation, and was credited with 2 years, 3 months, and 20 days of active service.   

On 26 Feb 85, the Air Force Discharge Review Board denied the applicant’s request to upgrade his discharge to Honorable and concluded his discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process (see FD-1985-0016 at Exhibit B).  

On 13 Mar 92, the applicant’s request to upgrade his discharge before the Air Force Board for Correction of Military Records was denied as untimely (see BC-1991-03176 at Exhibit B).

On 13 Apr 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).

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 D.  

AIR FORCE EVALUATION:

The Defense Enrollment Eligibility Reporting System (DEERS) recommends denying the issuing an ID card indicating there is no evidence of an error or an injustice.  The separation authority determined the characterization of discharge based on the documented facts of the applicant’s supervisor counseling and the commander’s recommendation for an administrative discharge.  Based on this information, no further entitlements are extended to the applicant upon separation from the Air Force, including a military ID card.  There is no authority in law, DOD policy, or AFI authorizing the issuance of an ID card to discharged members, unless, Military Service Obligation (MSO), or transfer to the Reserve Component. The applicant was discharged according to the DD Form 214, Certificate of Release or Discharge from Active Duty with a character of service as Under Honorable Conditions, due to misconduct-pattern of minor disciplinary infractions with no further requirement to serve with a MSO or with the Reserve Component.

A complete copy of the DEERS evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant restates that it is very hard to prove you were forced to leave the Air Force because of the color of your skin.  He never wanted to leave and was going to make the Air Force a career.  He would like the opportunity to speak in person at his own expense to correct this injustice.  

A complete copy of the applicant’s rebuttal 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.  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, based on the evidence before us, the Board finds no basis to grant clemency at this time.  However, the Board would be willing to reconsider his appeal should he provide new and relevant information relative to his claim.  With regard to the issuance of a military ID card, the Board took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the 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 or injustice.  Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought in this 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-2015-04892 in Executive Session on 28 Mar 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Nov 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 13 Apr 16, w/atch.
	Exhibit D.  Memorandum, DEERS, dated 19 Aug 16, w/atchs.
	Exhibit E.  Letter, AFBCMR, dated 6 Sep 16.
	Exhibit F.  Applicant’s Rebuttal, dated 20 Jan 17, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.