RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00102
		INDEX NUMBER:  100.00
	XXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to include the locations and dates of the medals he earned during his service.

He be permitted to appeal the Special Court Martial conviction in his record.

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APPLICANT CONTENDS THAT:

He needs to determine if his in-service chronology data is incomplete for the period 22 Dec 67 to 15 Dec 68.  He indicates that he needs this information to complete his eligibility requirements for entitlements to benefits from the Department of Veterans Affairs for a diabetic disorder caused by exposure to certain herbicide agents.

The applicant also provides a copy of a special court-martial order pertaining to him, dated 8 Apr 69, a copy of his DD Form 214, a copy of his Airman Military Record, information on the Vietnam Service Medal, and criteria for determining service connection for various diseases.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 7 Jun 67.  He was discharged on 9 May 69 under the provisions of Chapter 2, AFM 39-12 (Undesirable).  On 7 Jan 72, the AFBCMR considered and denied an application from the applicant requesting that he be compensated for his record of severe paranoid personality disorder and that documentation of a psychiatric severe personality disorder be removed from his records.  On 4 Feb 76, the Board considered and denied a request from the applicant to amend his DD Form 214 to include the discharge authority.  On 7 Oct 76, the Board considered and denied the applicant’s request for disability retirement in lieu of his honorable discharge.  On 20 Nov 78, the Board considered and denied a similar request from the applicant for disability retirement.  On 14 Mar 80, 20 Jun 88, and 15 May 89, the applicant was denied reconsideration of his request for disability retirement.  The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force found at Exhibits C and D.

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AIR FORCE EVALUATION:

The Board was provided a copy of a letter written to the applicant by AFPC/DPSAMP regarding his request to amend his DD Form 214.  They indicate that the applicant’s foreign-service locations are accurately reflected on his AF Form 7, Airman Military Record, and that there are no corrections to be made to the DD Form 214.

The complete letter is at Exhibit C.

AFLSA/JAJM reviewed this application and recommended denial.  Applicant’s record of trial is no longer available.  There is, however, sufficient evidence in the applicant’s personnel records to verify his conviction and the underlying conduct that was the basis for his conviction.  There is no reason for the Board to exercise clemency in this case.  Applicant pled guilty.  The applicant has provided no evidence whatsoever of any injustice related to his special court-martial.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response that the issue is whether there is a misrepresentation of military service as a bar to entitlement to temporary disability benefits, (discharge/retirement) from the Air Force and service connected disability benefits from the VA.  The applicant recounts his efforts to get his requests addressed.

In reference to AFPC/DPSAMP’s assertion that there are no corrections to be made to his DD Form 214, the applicant questions where the documentation he referred to in the DD Form 293 included as part of his application.  He reiterates the information he would like to receive.

The applicant indicates in response to the evaluation prepared by AFLSA/JAJM that while there is no record of application filed with the Judge Advocate General within the two years of the date that his sentence was approved, there were numerous requests filed within the two years after the action with the AFBCMR.  The applicant indicates that he is requesting clemency in his court-martial case because his guilty pleas were ill advised and inappropriate due to the mitigating circumstances.  He indicates that he was unable to exercise proper judgement in describing symptoms and insisting on more thorough physical and mental injuries incurred.

The applicant further indicates that he sought to present the following mitigating circumstances that were not heard at the time of his court-martial:

	  1.  The unfair treatment that he incurred in denial of equal opportunity for promotions and advancement based on racial prejudice.

	  2.  The unfair treatment he incurred in denial of equal opportunity to medical treatment of injuries incurred in the line of duty during the period of his combat assignment from Dec 67 through May 69.

	  3.  Prejudicial errors or injustices that led to his improper discharge, which if left unchanged or corrected is a misrepresentation of the reason that he was discharged from active service and denies him proper eligibility entitlement for service-connected veterans benefits.

The applicant provides information detailing his military service.  He summarizes the ratings and comments he received on several of his Airman Performance Reports, contrasting the high ratings and laudatory comments he received on his first two reports with the ratings and comments he received on his fourth report.  The applicant claims that the period of his fourth report was the beginning of a line of racial discrimination against him.  He maintains that it was punishment for his getting sick.  The applicant further details what he maintains were acts of discrimination that resulted in the adverse actions he suffered during his military service.

The applicant’s complete response, with attachments, is at Exhibit F.

The applicant provided a second response to the Air Force evaluations by asking where the documentation that he referred to in his DD Form 293 and DD Form 149 of his training for survival and travel enroute to his combat assignment in Thailand.  Applicant contends that entries in his records for combat assignment and travel orders authorizations from HQ 1st Air Force, Stewart AFB, to military locations in California, Hawaii, Guam, Saigon Tan Son Nhut, and to Bangkok have been omitted, deleted, or destroyed.  The applicant indicates he needs this information for veterans benefits that he may be eligible for based on having set foot in the Republic of Vietnam while enroute to duty in Thailand.

The applicant’s complete response is at Exhibit G.

The applicant submitted copies of AF Form 1772-2 requesting that the Board review and indicate if his period of service from Dec 67 to Dec 68 involved hazardous duty.  The complete submission is at Exhibit H.

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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 agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board also notes that the applicant has filed several applications over the years addressing the issues contained in his current application.  He has not provided sufficient evidence warranting favorable action on the Board’s previous decisions.  Therefore, in the absence of evidence to the contrary, we find no compelling basis 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.

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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.

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The following members of the Board considered Docket Number 02-00102 in Executive Session on 21 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSAMP, dated 4 Mar 02.
    Exhibit D.  Memorandum, AFLSA/JAJM, dated 16 May 02.
    Exhibit E.  Letter, SAF/MIBR, dated 31 May 02.
    Exhibit F.  Letter, Applicant, dated 20 Jun 02, w/atchs.
    Exhibit G.  Letter, Applicant, dated 16 Jul 02.
    Exhibit H.  Fax, Applicant, dated 22 Jul 02, w/atchs.