RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03886 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He was jumped while in a bar one night due to racial profiling. Because of this incident he received an UOTHC discharge. Prior to this incident he received a good conduct medal and an outstanding unit award. Additionally, he was trained in several different positions and had high evaluation scores. He was not dealt with according to his good actions but rather judged on one item that was not his fault. He was not aware that he could request a change of discharge until a few months ago. He did not pursue looking into a change of discharge because he felt he was treated unfairly. In support of his request the applicant submits a personal statement and 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: The applicant enlisted in the Regular Air Force on 15 October 1986 and was progressively promoted to the grade of Sergeant (Sgt), E-4, with a date of rank of 29 March 1989. On 3 September 1987, the applicant received an Article 15 nonjudicial punishment for failure to obey a lawful order. He was issued a lawful order to pull his privately owned vehicle (POV) over for a random entry point inspection at the main gate of the base. He failed to obey the order. His punishment consisted of a suspended reduction to the grade of Airman Basic (AB), E-1. On 13 July 1990, the applicant received a Letter of Reprimand (LOR) for failing to attend Commander’s Call. On 19 July 1990, the applicant received a second Article 15 when he was found to be derelict in the performance of his duties, for failing to report promptly to his Temporary Duty (TDY) assignment and attempting to deceive the United States Air Force by submitting a travel voucher he knew to be false. His punishment consisted of forfeiture of $200.00 pay, and a suspended reduction to the grade of Airman First Class, (A1C), E-3. In addition, the applicant’s Noncommissioned Officer (NCO) status was vacated on 20 July 1990. On 26 July 1990, the applicant received a second LOR for failing to attend a scheduled mandatory military appointment. On 26 December 1990, the applicant received a Letter of Counseling (LOC) for writing an insufficient funds check in the amount of $125.00 to the Base Exchange on an account he knew was closed. On 16 February 1991, the applicant received a second LOC because his Noncommissioned Officers Club account was 60 days overdue. On 30 April 1991, the applicant received a third LOC for failing to keep current the state registration for his privately owned vehicle. On 24 September 1991, the applicant pled guilty to attempted assault and battery in a state district court. He was ordered to pay $75.00 in fines, $120.00 in costs and serve 183 days of probation. On 21 October 1991, the applicant was notified that his commander was recommending him for discharge from the Air Force for discreditable involvement with military or civil authorities, under the authority of Air Force Regulation (AFR) 39-10 Administrative Separation of Airmen paragraph 5-47a. The specific reason for the proposed action was; the applicant’s continued misconduct after the unit’s numerous attempts to rehabilitate him indicated he lacked the potential and desire to serve satisfactorily. His retention on active duty in a probationary status was inconsistent with the maintenance of good order and discipline. On 21 October 1991, the applicant acknowledged receipt of the notification of discharge and his right to present his case before an administrative discharge board, be represented by counsel, and submit statements on his own behalf. The applicant waived his right to present his case before an administrative discharge board but opted to consult counsel as well as submit a statement on his behalf. Subsequent to the file being found legally sufficient, the discharge authority approved the recommendation and directed the applicant be discharged with an “Under Other Than Honorable Conditions” characterization of service. The applicant was released from active duty on 3 December 1991 and was credited with 4 years, 1 month and 19 days of active duty service, of which 1 year and 2 days were listed as Foreign Service. On 15 April 2003, the applicant submitted an appeal for upgrade of his discharge to the Air Force Discharge Review Board (DRB). The DRB concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process. In view of the forgoing findings the Board further concluded there was no legal or equitable basis for upgrade of discharge, thus, the applicant’s discharge should not be changed. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report which is at Exhibit C. On 29 March 2012, a copy of the FBI Investigative report was forwarded to the applicant along with a request for post service documentation for review and comment within 30 days (Exhibit D). ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating his original contentions; however, he goes into further detail of the incidents leading up to his discharge as well as his post service experiences. He also provides two letters from friends in support of his post- service life. The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ 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 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 during the discharge process. 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 BC-2011-03886 in Executive Session on 30 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs dated 21 September 2011. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. FBI Report Exhibit D. Letter, SAF/MRBR dated 29 March 2012. Exhibit E. Letter, Applicant w/atchs, undated.