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

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

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.

_______________________________________________________________

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

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

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.




                                   LAWRENCE R. LEEHY
                                   Panel Chair