RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00767

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be promoted to the rank of Sergeant (E-4).

APPLICANT CONTENDS THAT:

He served through every obstacle and never quit.  He suffered with Post-Traumatic Stress Disorder (PTSD) while in the military.  He served every day of his enlistment.  He was not allowed to board his freedom flight as he was wearing camouflage fatigues.  He did not think it was fair that he was red-lined at Francis E. Warren Air Force Base (AFB).  That is when he volunteered for Viet Nam.  He did well and made it back alive.

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

STATEMENT OF FACTS:

On 12 Sep 68, the applicant initially entered the Regular Air Force.

On 29 Oct 70, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, on or about 25 Aug 70, without authority, absented himself from his organization, and did remain absent until on or about 24 Sep 70, in violation of Article 86 of the UCMJ.  He was reduced to the rank of Airman (E-2), ordered to forfeit $69.00 of pay for 2 months, and 30 days correctional custody, all suspended until 29 Apr 71.

On 18 Feb 71, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for, on or about 23 Dec 70, without authority, absented himself from his organization, and did remain absent until on or about 29 Dec 70, in violation of Article 86 of the UCMJ.  He was reduced to the rank of Airman (E-2), suspended until 18 Aug 71, and ordered to forfeit $25.00 of pay for 2 months.

On 17 Jan 73, the applicant was marked AWOL for the period 28 Dec 72 through 5 Jan 73.

On 23 Jan 73, the applicant was furnished an Honorable discharge, and credited with 4 years, 2 months, and 22 days active service, with 51 days time lost.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and E.

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial, indicating there is no evidence of error or injustice.  Additionally, the application is untimely.

The applicant entered active duty 12 Sep 68 as an E1 (Airman Basic).  He was promoted to E2 (Airman) on 24 Oct 68, and E3 (Airman First Class) on 1 Apr 69.  He received an Article 15 on 29 Oct 70 for being Absent Without Leave (AWOL).  His punishment consisted of a reduction to Airman, forfeiture of $69.00 pay per month for two months, and 30 days correctional custody, all suspended until 29 Apr 71.  On 8 Feb 71 (sic), the applicant received a second Article 15 for being AWOL.  His punishment consisted of a reduction to Airman, suspended until 18 Aug 71, and forfeiture of $25.00 pay per month for two months.  Based on his total days lost time, his Airman First Class (A1C) Date of Rank was adjusted from 1 Apr 69 to 22 May 69 per AF Form 2098, dated 2 Nov 72.  He was honorably discharged in the rank of A1C on 23 Jan 73, after serving 4 years, 2 months, and 22 days on active duty.

Promotions during the timeframe in question were conducted under the Weighted Airman Promotion System (WAPS).  To be considered for promotion to Sergeant, an individual must have 8 months time-in-grade (TIG), 40 months time-in-service (TIS), current Promotion Fitness Examination and Skills Knowledge Test scores, possess a skill level commensurate with their Air Force Specialty Code (AFSC), and be recommended by the promotion authority.  Although the applicant met the TIG requirement, he did not have the required 40 months TIS.  He also became ineligible for future consideration prior to his discharge based on the Article 15 suspended reductions (Air Force Regulation 39-29, Promotion of Airmen, 25 Nov 69, Table 3, Line H).

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D

BCMR Psychiatric Advisor recommends denial, indicating there is no evidence of error or injustice.

The applicant did not file a timely submission as it has been over 40 years since he was discharged from the Air Force, and he does not offer any explanation for the delay.  Due to the length of time, the records available for the OPR’s review were void of any medical documentation.

The OPR noted the multiple incidents of AWOL and the applicant’s statement regarding his roommate’s suicide as the reason for his absence over the Christmas holiday in 1970, and his request to receive assistance from the Base Psychiatrist.  There is no documentation of the applicant being seen by a behavioral specialist while in service.  The OPR presumes that escape/withdrawal/avoidance was the applicant’s primary coping mechanism and might potentially explain his misconduct, although, not excuse it.

Despite the applicant’s AWOLs in the period of three years, while stationed at two different military installations, the applicant was highly rated on his enlisted performance reports during these periods.  The applicant successfully completed his enlisted and received an Honorable characterization at discharge.  

Finally, the fact that the Department of Veterans Affairs granted the applicant a disability rating for PTSD suggests there may have been a nexus with an event during military service; however, no evidence was presented to demonstrate that PTSD was clinically present and unfitting at the time of the applicant’s discharge.

A complete copy of the BCMR Psychiatric Advisor evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided additional information regarding his service in security forces.  He wanted to serve his country and not avoid the draft.  His first assignment was Kadena Air Base, and he was a sentry for multiple aircraft, ammunition depots, and convoys.  While there, he saw Unidentified Flying Objects (UFOs) hoovering over the barracks and on the flightline, and heard the pilots and flight controllers talk about them.  He did not tell anyone about them due to his clearance.  The UFOs would be around during takeoff of the different aircraft.  They would cloak themselves, reappear, and then vanish.  He did not want to be classified as crazy.  This is why he went AWOL.

While at F. E. Warren AFB, he was harassed by his noncommissioned officer in charge (NCOIC).  He was promoted to Sergeant and after making a statement that they were out to get him, he was demoted two days later.  He challenged the demotion with an Air Force lawyer, and was then threatened with further demotion if he challenged his NCOIC again.  So he volunteered for Viet Nam.  He believes the NCOIC discriminated against him, though they were both minorities.

While in Viet Nam, he experienced a near-miss when a rocket landed where he was previously standing.  He also witnessed movement of the dead and mass burials.  While stationed in Thailand, he was on the flightline and if he saw UFOs, he is not saying – they came and never left.  His promotion was again red-lined, and he cried to his commander, so he was moved from the flightline to the armory.  While enroute to the United States, he was prohibited from boarding the plane wearing camouflage due to the anti-Viet Nam sentiment.  He had no other uniform or money and the United Service Organization (USO) and Red Cross would not help him.  He fell to his knees and the next thing he remembers is waking up in the hospital.  Upon his release, he was sent stateside to California.

He would serve his country again.  He has a clearance and an Honorable discharge.  He deserves the rank of Sergeant.

A complete copy of the Applicant’s Rebuttal is at Exhibit G.

The applicant provided additional supporting documentation consisting of photographs of himself in uniform.

A complete copy of the additional supporting documentation is at Exhibit H.

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 injustice.  We took notice of the applicant’s complete submission, to include his rebuttal, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationales as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2016-00767 in Executive Session on 20 Mar 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00767 was considered:

	Exhibit A.  DD Form 149, dated 1 Aug 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Letter, Applicant Additional Input, dated
	4 Feb 16, w/atchs.
	Exhibit D.  Memorandum, AFPC/DPSOE, dated 14 Jan 16.
	Exhibit E.  Memorandum, BCMR Psychiatric Advisor, dated
	30 Nov 17.
	Exhibit F.  Letter, SAF/MRBC, dated 18 Dec 17, w/atchs.
	Exhibit G.  Letter, Applicant Rebuttal, dated 5 Jan 18,
w/atchs.
	Exhibit H.  Applicant Supporting Documents, dated 2 Feb 18.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-00767, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.