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

_________________________________________________________________

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).

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

______________________________________________________________

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.

______________________________________________________________

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.

______________________________________________________________

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

      Mr. Christopher D. Carey, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James L. Sommer, Member

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.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair