RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01030
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 October 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
under honorable conditions (general).

________________________________________________________________

APPLICANT CONTENDS THAT:

The presumption of regularity that might normally be  used  to  assume  that
the service acted correctly in characterizing his service does not apply  in
his case.

He had combat service, performing perimeter duty at DaNang AB,  Vietnam,  as
well as securing TDY locations  at  Quay  Phu  Bai  and  Chu  Lai  for  base
communication  trailers  in  Vietnam.   There  were  other  acts  of  merit,
including  volunteering  for  numerous  TDY  assignments  in   Vietnam   and
Thailand.  He received his squadron’s Medal of Valor.

His average conduct and efficiency ratings/behavior marks were pretty  good,
he served his country to the best of his ability as a minor or teen, and  he
has been a good citizen after his discharge.

When he got back from Vietnam, he couldn’t adjust to  state-side  duty.   He
was aware there was a change in his  attitude  and  emotions,  but  couldn’t
identify the feelings at the time.  PTSD and its symptoms  were  unheard  of
back then.  He self-medicated with alcohol to  bring  some  relief,  but  it
only fueled his alcoholism.  He knows and admits he  is  an  alcoholic,  and
has learned that recovery begins only when he surrenders to God and the  12-
step program.

He voluntarily enrolled in  the  Joseph  House  for  homeless  and  disabled
veterans, and completed the necessary CDC treatment program.  For  the  last
2.5 years, he has been living in transitional housing under  the  guidelines
of the Joseph  House.   He  is  learning  to  maintain  a  clean  and  sober
lifestyle by clinging to spiritual principles.  He is an  active  member  of
A.A. and N.A., and mentors other veterans in the treatment phase  at  Joseph
House.

Until recently, he was unaware relief was available through the AFBCMR.

In support of his appeal, he has submitted copies  of  an  undated  personal
statement, a letter signed by an HRC Mental Health Counselor at  the  Health
Resource Center of Cincinnati, Inc., dated 8 February 2007,  a  letter  from
the Joseph House, dated 9 February 2007, and  his  DD  Form  214,  dated  19
November 1974.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 April 1970 and  served  as
a communications center specialist.

He received non-judicial punishment on 4 September 1971 for, on or about  31
August 1971, failing to go at the time prescribed to his appointed place  of
duty.  He received a suspended reduction to the grade of airman,  forfeiture
of $25.00, and restriction to U-Tapao Airfield, Thailand, for 45 days.

He received non-judicial punishment on 14 January 1972 for, on  or  about  4
January 1972 and on or about 11 January 1972, failing  to  go  at  the  time
prescribed to his appointed place of duty.  After mitigation, he received  a
reduction to the grade of airman and forfeiture of $140.00 for  two  months,
both suspended until 14 March 1972.

He received non-judicial punishment on 12 July 1973 for, on or about 1  June
1973, failing to go at the time prescribed to his appointed place  of  duty.
He received a reduction to the grade of airman first  class  and  forfeiture
of $190.00 for one month.

On 28 March 1974, he pled guilty and  was  sentenced  by  a  general  court-
martial for, on or about 5 February 1974,  taking  indecent  liberties  with
two females under sixteen years of age, and for, on  or  about  26  February
1974, wrongfully communicating a threat to injure  a  commissioned  officer.
He was sentenced to a bad conduct discharge (BCD), seven months  confinement
at hard labor at the United States Disciplinary Barracks,  Ft.  Leavenworth,
KS, forfeiture of $50.00 per month for seven months, and a reduction to  the
grade of airman basic.  His request for clemency was denied by the Army  and
Air Force Clemency and Parole Board as a result of  his  negative  attitude,
drug and alcohol abuse, and extensive record of misconduct.

Upon completion of the appellate review, General Court Martial  Order  #179,
HQ  Lowry  Technical  Training  Center,  ordered  his  BCD  executed  on  30
September 1974.   However,  applicant  was  subsequently  discharged  on  19
November 1974, and his DD Form 214 indicates a UOTHC  characterization.   He
completed 3 years, 10 months, and 22 days of net active service.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

      26 Feb 1974                       6
       1 Mar 1973                       8
      26 Feb 1972                       8
       5 Oct 1971                       7
      28 Jun 1971                            8
      28 Dec 1970                       8

His records indicate he is entitled to wear  the  National  Defense  Service
Medal.  Although not reflected on his DD Form 214, his  AF  Form  7,  Airman
Military Record, indicates he was awarded the  Vietnam  Service  Medal  with
one Bronze Service Star, and the Republic of Vietnam  Campaign  Medal.   His
records indicate a total of 1 year,  11  months,  and  26  days  of  foreign
and/or South East Asia service in Vietnam and Thailand.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial since the  applicant  submits  no  evidence  in
support of  his  application  and  the  request  is  untimely    Ordinarily,
applicants must file an application within three  years  after  the  alleged
error or injustice was discovered or, with due diligence, should  have  been
discovered.  His request is dated more than 32 years after his sentence  and
discharge, and he alleges he was unaware relief was  available  through  the
BCMR until recently.  However, while untimeliness  may  be  excused  in  the
interests of justice, he presents no basis to do so.

His records indicate he engaged in several  other  incidents  of  misconduct
for which he was apparently never  punished.   On  the  day  of  his  court-
martial sentencing, he escaped  from  the  Eglin  AFB  confinement  facility
while performing clean up duties, and remained absent for three  days  until
he was arrested by civilian and military authorities.  Then, as  a  military
policeman was escorting him from the civilian police station, he kicked  the
policeman in the ankle.  While the military police were putting him  in  the
confinement facility at Ft. McPherson, GA, he  complained  of  pain  in  his
left arm, and as he was being taken to the hospital, he  attempted  to  kick
the military policeman in the groin, missing him  and  kicking  him  in  the
thigh instead.  Similarly, his wife sought medical treatment at  a  hospital
for a broken jaw which she stated applicant had caused  by  kicking  her  in
the face.   His  personnel  file  also  indicates  a  history  of  financial
irresponsibility, indecent exposure, and involvement with illegal drugs.

The application is also  without  merit.   Title  10,  United  States  Code,
limits the Board’s ability to correct records relating to courts-martial  to
correction of a record to reflect actions  taken  by  reviewing  authorities
under the UCMJ, and correction of records related to action on the  sentence
of a courts-martial for the purpose  of  clemency.   Aside  from  these  two
limited exceptions, the Board is without authority to  reverse,  set  aside,
or otherwise expunge a court-martial conviction that occurred on or after  5
May 1950.

The applicant does not contend that any specific actions have been taken  by
reviewing authorities that require  correction  of  his  record;  thus,  any
decision regarding his  discharge  status  must  be  done  as  a  matter  of
clemency.  He has set forth no basis for clemency, and  his  conduct  during
his brief period of service was atrocious.  While he may  be  applauded  for
taking steps in the  last  few  years  to  address  his  personal  problems,
nothing he has set forth provides a basis  for  clemency,  especially  given
the untimeliness of the request.  Taking indecent liberties with 11  and  12
year old girls are serious crimes,  as  is  threatening  the  safety  of  an
officer.  His crimes are magnified by the fact he was, at one point, a  non-
commissioned officer, and has been  nothing  but  one  disciplinary  problem
after another.

Applicant has presented  no  valid  explanation  for  his  untimeliness,  no
evidence of  error  or  injustice,  and  no  support  for  his  request  for
clemency.  In light of the fact that he benefited  from  the  administrative
error on his DD Form 214, his extensive record of misconduct,  his  lack  of
evidence to justify granting the relief requested, and the  absence  of  any
error or injustice, they recommend the Board deny his  request  as  untimely
and unsupported.

The AFLOA/JAJM evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  1  June
2007, for review and comment within 30 days.   Additionally,  applicant  was
given a chance on 10 July  2007,  to  provide  information  within  30  days
pertaining to his activities since leaving the service.   His  response  was
received on 6 September 2007, provided to the Board, and is at Exhibit F.

A copy of the FBI,  Clarksburg,  WV,  investigation  was  forwarded  to  the
applicant on 10 July 2007 for review and comment  within  30  days.   As  of
this date, no response has been received by this office.

________________________________________________________________

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  note  that  this  Board  is  without
authority to reverse,  set  aside,  or  otherwise  expunge  a  court-martial
conviction.  Rather, in  accordance  with  Title  10,  United  States  Code,
Section 1552(f), actions by this Board are limited  to  corrections  to  the
record to reflect actions taken by the reviewing  officials  and  action  on
the sentence of the court-martial for the  purpose  of  clemency.   We  also
find  no   evidence   which   indicates   that   the   applicant’s   service
characterization, which had its basis in his conviction  by  general  court-
martial and was a part of the sentence of the military court,  was  improper
or that it exceeded the  limitations  set  forth  in  the  Uniform  Code  of
Military Justice (UCMJ).  We have considered applicant's overall quality  of
service,  the  general  court-martial  conviction  which  precipitated   the
discharge, and the seriousness of the offenses for which  convicted,  taking
indecent  liberties  with  two  females  under  sixteen  years  of  age  and
wrongfully communicating a threat to injure  a  commissioned  officer.   His
records indicate that prior to his court martial conviction, he  engaged  in
numerous other incidents of misconduct, and he has  already  benefited  from
an administrative error on his  DD  Form  214  which  reflects  his  service
characterization as UOTHC rather than the BCD ordered by  his  court-martial
conviction.  While he may be applauded for taking  steps  in  the  last  few
years to address his personal problems, nothing he has set forth provides  a
basis for clemency.  Based on the evidence of  record,  we  cannot  conclude
that clemency is warranted.

________________________________________________________________

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  BC-2007-01030
in Executive Session on 23 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI REPORT, dated 28 Jun 07.
    Exhibit D.  Letter, AFLOA/JAJM, dated 18 May 07.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Jun 07.
    Exhibit F.  Letter, AFBCMR, dated 10 Jul 07, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair