RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01908
		INDEX CODE:  107.00, 110.02
		COUNSEL:  NONE
		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His service characterization be upgraded to honorable from under honorable conditions (general) and that he be awarded the Republic of Vietnam Campaign Medal (RVNCM).

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APPLICANT CONTENDS THAT:

He was 19 years old and had served honorably throughout his active duty time.  He was married just before leaving for Vietnam and received a “Dear John” letter shortly after arriving in Vietnam.  He tried to contact his wife by radio-phone but between enemy mortar attacks and his wife hanging up the phone on him, he wanted a day or two at home to try and talk to her.  His request was denied and he became unruly as a result.  He was assigned to the motor pool where he performed his duties without incident.  Just before his discharge, his commander called him to report.  His commander asked him to reenlist but he wanted to see his wife so he refused to reenlist; a decision he regrets to this day.  His problem was not a personality flaw, only the actions of a 19 year old with a broken heart. 

In support of his appeal, the applicant has provided copies of his DD Form 214, Report of Transfer or Discharge, a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, and his United States Postal Service retirement pay estimate.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 June 1969.  He was progressively promoted to the grade of airman first class (A1C) with a date of rank (DOR) of 1 February 1970.  On or about 14 December 1970, he failed to obey written orders.  On 19 December 1970, he received a psychiatric evaluation and was found to have no psychiatric disorder requiring action.  However, there was evidence of a character and behavior disorder best classified as a Personality Sociopath.  The conditions were considered untreatable in an Air Force setting and the mental health clinic recommended he be considered for administrative separation.  On 31 December 1970, he failed to report for duty as scheduled.  On 18 January 1971, he failed to report to his appointed place of duty and received a written reprimand.  On 21 January 1971, his duty performance, attitude and regard for military procedures and policy were noted as sub-standard.  On 23 February 1971, he failed to return to his appointed place of duty after a scheduled appointment with the mental health clinic.  On repeated occasions, after direct counseling, he flagrantly violated Air Force uniform and personal appearance policies and directives.  On 24 March 1971, his commander notified him he was recommending he be discharged from the Air Force for Unsuitability – Personality Disorder with a general discharge.  He was subsequently discharged on 16 April 1971 after having served for 1 year, 9 months, and 23 days.

Pursuant to the Board's request, the Federal Bureau of Investigation, provided an investigative report that is attached at Exhibit D.

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AIR FORCE EVALUATION:

AFPC/DPPRS addresses the applicant’s request for upgrade to an honorable discharge and recommends denial.  DPPRS notes that based on the documentation in his master personnel record, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  DPPRS further states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing nor did he provide any facts warranting a change to his general discharge.

DPPRS’s complete evaluation is at Exhibit B.

AFPC/DPPPR reviewed his eligibility for award of the RVNCM and verified his entitlement to the award.  DPPPR notes his DD Form 214 will be updated to reflect the award.

DPPPR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends the psychiatric evaluation he underwent in 1970 resulted in a best guess diagnosis of a character disorder.  While he admits to inappropriate rude and ill-mannered behavior that took place years ago, he points to a 34-year career in the USPS where he earned many achievement awards and regular promotions from his entry grade of PS-5 to PS-11.  He asks that the Board take into consideration that after 37 years, he is not the same ill-mannered young man that he was in the Air Force so many years ago.

Applicant’s complete response, with attachments, is at Exhibit E.

On 18 August 2007, the applicant was provided the opportunity to respond to the FBI investigation within 30 days.

The applicant provided additional documentation which is at Exhibit G.

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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 timely filed.

3.  After a thorough review of the evidence of record we see no evidence to show that the applicant's discharge was erroneous or unjust.  However, we recognize the adverse impact of the discharge the applicant received; and while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  In consideration of the applicant's current age, his apparent immaturity at the time of his enlistment, and in view of his apparent successful transition to civilian life as evidenced by his post-service accomplishments, we are of the opinion that upgrading the applicant’s discharge to honorable, based on clemency would be appropriate.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 16 April 1971, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 20 September 2007, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 June 2007, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPPRS, dated 12 July 2007.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 July 2007.
    Exhibit E.  Letter, Applicant, dated 2 August 2007, w/atchs.
    Exhibit F.  FBI Report, dated 9 August 2007.
    Exhibit G.  Letter, Applicant, dated 28 August 2007, w/atch.