I am a victim of several mistreatments due to my race and national origin during my 8 years of serving in the military (Maryland Air National Guard).  I believe I was recently involuntarily separated from the Maryland Air National Guard, due to my engagement in protected activity of filing an EEO and IG complaint against my unit Commander (now retired), who refused to give me a reasonable accommodation due to my known health condition, thereby violating my rights to a healthful and safe work environment amid the pandemic.  I have a health condition/disability (pseudofolliculitis barbae) that prevents me from wearing the generic N95 and other face masks because beards prevent a good seal between the face and the mask, thereby creating a gap where virus-containing droplets can enter the mask.

The Airforce respiratory protection instruction, OSHA respiratory protection standards, and the CDC requires that workers with my health condition wear a particular type of respirator called powered Air purifying respirator (PAPR).  Despite explaining to my commander that I have an underlying health condition, and my only child has a deadly immunodeficiency disease that could claim his life on exposure to the Covid-19 virus, she insisted that she would neither give me a reasonable accommodation nor allow me to wear the required respirator on base.  She insisted that I wore the facial mask which would not protect me and my family from being exposed to the covid-19 virus.  Not even a note from my Son’s Pulmonologist would make her change her decision.  

I filed an IG and EEO complaint in October 2020, but the IG turned my case down, and the EEO never reached back to me till date.  To invalidate my case, my medical record that contained my shaving waiver (which indicated my health condition that prevented me from shaving my beards) was altered, without my knowledge/consent.  While all these were going on, my reenlistment was fast approaching.  The commander suddenly changed my military career (AFSC/MOS) to another one, by taking me out of my permanent public health position to an administrative position, where I was then considered excess.  She took away my position in favor of another Airman with less experience.  I was forced to sign an acknowledgement letter to this effect, and I was separated from the military in March 2021, as it was up to the commander to re-enlist any member that is considered excess.   

Revendications:

What I went through in the Maryland Air national guard has caused a detrimental effect on my psychological, mental and physical well-being. Prior to my involuntary separation, I had recently completed my commissioning physicals to become an officer.  All the dreams are shattered, just because of my commanders’ action against me.  All the benefits I was getting from the military are all gone, including my health insurance, which also covers my sick child.  There are several minority members that have passed through/still passing through similar experience, but they decided to stay mute due to fear of retaliation or ill treatment, while some opted to be transferred to a different unit or got separated against their wish.

1. I am seeking mandatory training for all guard members, especially the officers to include the following specific topics: diversity, equality, and inclusion.
2. I am seeking a transitional medical and dental health care for myself and my child
3. I am seeking an involuntary separation pay (ISP), per DOD instruction 1332.29
4. I am seeking a proper investigation of my EEO and IG cases, and all parties found guilty upon completion to be put to book.

I was discriminated against by the Maryland OCS and subsequently disenrolled from the program in May 2015. In July 2015, joined by two other minority candidates who had also been unfairly disenrolled due to racial discrimination, I filed an EO complaint to the MDNG. The MDNG appointed MAJ Macmullan to conduct an investigation and had found the discrimination not substantiated. MAJ Macmullan was also the investigator for SGT Weaver’s EO case in the following year. It has later been proven that MAJ Macmullan’s investigation was biased, unfair, and has been intentionally selective and misleading. SGT Weaver’s case clearly revealed that Maryland OCS has been systematically discriminating against minority candidates for a significant period of time. The case also inspired me to file a formal complaint with the NGB in December 2020. As of now, my case is pending investigation.

Revendications:

Had the discrimination not occured, I would have been commissioned and continued to serving this wonderful nation. The Maryland National Guard, as an entity, bears the whole responsibility and to this day, it is still reluctant to undo it’s wrongdoing. I am seeking a direct commission as it is the only justifiable remedy to what had happened. Moreover, the OCS program needs to have more transparency and easier to be audited, given the fact that  it’s pattern of discrimination has been established.