RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00264
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

He is in need of medical care from the Department of Veterans Affairs; however, his discharge renders him ineligible. He was ill and immature at the time; as such, he should have been consoled prior to being given an undesirable discharge. 

In support of the application, the applicant submits a copy of DD Form 214, Report of Separation from the Armed Forces of the United States.   

Applicant's complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

On 26 October 1948, the applicant enlisted in the Regular Air Force as a private for a period of three years.

The applicant’s commander on 16 March 1950, requested that he be ordered before a board of officers to determine if he should be discharged from military service because he was absent without authority (AWOL) for a total of 245 days.  On 13 April 1950, a board of officers recommended he be discharged with an undesirable discharge.  The discharge authority approved the separation and directed he be discharged with an undesirable discharge.

On 12 May 1950, the applicant was discharged with an undesirable discharge, under the provisions of AR 615-368, (habits and traits undesirable for retention in the service).  He served on active duty for a period of 11 months and 16 days, to include 245 days of lost time due to AWOL. 

In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report. On 22 April 2009, a copy of the FBI report and a request for


post-service information were forwarded to the applicant for review and response within 30 days (see Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Since his discharge from service, he has worked various jobs to support his family.  He joined the Catholic Church and became a full pledge Catholic. He also contends his date of birth (DOB) of 26 November 1930 and weight of 150 is wrong on his DD Form 214. His correct DOB should be 26 November 1931 and his weight 156 pounds.

Applicant's complete response is at Exhibit E.

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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 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 an injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, the Board found no evidence of error or injustice.  In this respect, the Board notes the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of his separation and he was afforded all the rights to which entitled.  The applicant has provided no evidence to indicate that his separation was inappropriate. In regards to the applicant's contention that his date of birth and weight are wrong, we note that he has not presented any evidence to warrant a change to the date and weight that appear on his DD Form 214. There being insufficient evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought. 

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered Docket Number BC-2009-00264 in Executive Session on 9 June 2009, under the provisions of AFI 36-2603:

 	, Panel Chair
 	, Member
	, Member


The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2009-00264:

   Exhibit A.  DD Form 149, dated 20 Feb 09, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 22 Apr 09, w/atchs.
   Exhibit E.  Applicant's Response, undated. 




                                   
                                   Panel Chair 








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