RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04958 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:
While serving in Vietnam, he was subjected to racial discrimination by his superiors.

The	applicant’s	complete	submission,	with	attachments,	is	at Exhibit A.

STATEMENT OF FACTS:
On 22 Oct 69, the applicant initially entered active duty in the Regular Air Force.

On 16 Jul 71, the applicant received an Article 15, Non-judicial Punishment, for violating Article 86 failure to go at the time prescribed to his prescribed duty location for which he was reduced to the grade of E-2, forfeited pay of 25.00 a month for 2 months and was restricted to base for 30 consecutive days. The reduction in rank was suspended until 1 Jan 72.

On 20 Aug 71, the applicant was diagnosed has having a Character and Behavior Disorder, specifically a passive personality, passive aggressive type. There was no mental condition warranting treatment or disposition.

On 20 Oct 71, the applicant’s First Sergeant completed a statement describing the applicant’s behavior with regard to complying with his duty day schedule, performance, and attitude. The First Sergeant noted the applicant’s behavior had not improved since receiving an Article 15.

On 26 Oct 71, the applicant’s suspended reduction to E-2 was vacated for failure to go to his appointed place of duty.

On 26 Oct 71, the applicant received another Article 15, No- judicial Punishment, for failure to go to his appointed place of duty for which he was reduced to the grade of E-1.

On 5 Nov 71, the applicant was notified by his commander that he was initiating his discharge and recommending he receive a General discharge.

On 15 Nov 71, the discharge action was found legally sufficient.
On 26 Nov 71, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 2 years, 1 month, and 5 days of active service.

A request for post-service information was forwarded to the applicant on 9 Mar 16 for review and comment. As of this date no response has been received by this office, (Exhibit C).

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 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, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service warrant such an action. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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.

2

The following members of the Board considered AFBCMR Docket Number BC-2015-04958 in Executive Session on 16 March 2017 under the provisions of AFI 36-2603:

Panel Chair
, Member Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04958 was considered:

Exhibit A.	DD Form 149, dated 28 Aug 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, SAF/MRBR, dated 9 Mar 16 w/Atch.

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.