RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03264 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: Due to his lack of understanding and legal advice regarding his military rights, he was given an administrative discharge over some racial problems he was experiencing at Barksdale Air Force Base, Louisiana. Had he known his rights, he believes everything would have been worked-out taking into consideration his three years of good conduct, training, and hard work. In support of his appeal, the applicant provides a copy of an excerpt from Wikipedia Encyclopedia concerning military discharges. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 March 1997, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic (E-1). He was subsequently promoted to the grade of airman first class (E-3) effective and with a date of rank of 5 July 1998. Subsequent to his completion of basic training, he entered training to become a security forces journeyman. Between October 1997 and February 2000, the applicant received one Article 15, eleven Letters of Reprimand (LORs), two Letters of Counseling (LOCs), and one referral enlisted performance report (EPR). His pattern of misconduct resulted from his failure to remove bottles of propane from his room, failure to properly account for his equipment on two separate occasions, reporting late for duty, failure to have his room in inspection order on two separate occasions, failure to annotate the sign-up list for meals, failure to wear his hat in accordance with (IAW) Air Force Instruction (AFI) 36-2903, disobeying the instruction of a noncommissioned officer (NCO), operating unserviceable equipment, failure to attend scheduled appointments, failure to initial next to his scheduled appointment after being told to do so by an NCO, failure to follow procedures in weapons handling IAW AFI 31-207, and failure to maintain his uniform IAW AFI 36- 2903. His Article 15 punishment consisted of a reprimand and reduction in grade to airman (E-2) with a new date of rank of 20 March 2000. On 8 May 2000, his commander notified the applicant of his intent to recommend the applicant for discharge for a pattern of misconduct under the provisions of AFI 36-3208, paragraph 5.50.2, and for a general (under honorable conditions) discharge without probation or rehabilitation (P&R). After consulting counsel, the applicant provided a statement in his own behalf. After considering the applicant’s submission, his commander proceeded with the recommendation to discharge the applicant. On 12 May 2000, the staff judge advocate found the case to be legally sufficient. The discharge authority approved the recommendation and directed the applicant be discharged with a general (under honorable conditions) discharge without P&R. On 17 May 2000, the applicant was discharged with a general (under honorable conditions) characterization of service for a pattern of misconduct. He served 3 years, 2 months, and 13 days on active duty. On 25 May 2001, the Air Force Discharge Review Board considered and denied the applicant’s request to upgrade his discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denying the applicant’s request to upgrade his discharge. DPSOS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at that time and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. The applicant has provided no facts warranting an upgrade to his discharge characterization. The complete DPSOS 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 9 January 2009 for review and response within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 an injustice. We 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 Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 24 March 2009, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-03264: Exhibit A. DD Form 149, dated 17 Sep 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 25 Nov 08. Exhibit D. Letter, SAF/MRBR, dated 9 Jan 09.