RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-01707
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His involuntary discharge be changed to a medical  discharge,  and  that  he
receive two promotions as a member of the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was hospitalized twice in 1952 for back and leg pain.  His first stay  he
was not given any medical attention and released.  The second  time  he  was
hospitalized for one week.  He was advised while hospitalized that he  would
receive a medical discharge and did not.

He also contends that in 1951 he was  advised  that  he  would  receive  two
promotions while  on  duty  at  Ellington  Air  Force  Base.    However,  no
promotions were received.

In support of his appeal, the applicant provided a personal  statement,  two
reference letters, and a copy of his DD Form 214 (Report of Separation  From
the Armed Forces of the United States).

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

_________________________________________________________________

STATEMENT OF FACTS:

The available records reflect the applicant served in the Army from  6  June
1945 to 26 November 1946.  The records further indicate he was  called  from
inactive duty for a period of 21 months on 1  May  1951,  in  the  grade  of
airman third  class.   He  was  discharged  on  27  August  1952  under  the
provisions of AFR  39-16  (Inaptitude  and/or  Unsuitability)  with  service
characterized as general (under honorable conditions).
Available records indicate  that  the  applicant  met  physical  and  mental
standards for discharge.

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 (Exhibits C and D).

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  indicated  that  on  the  basis  of  the  data
furnished, they were unable to locate an arrest record (Exhibit H).

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  recommended  denial.   He  indicated  that  the
applicant was  administratively  discharged  for  an  unsuiting  personality
disorder (inadequate personality  in  the  terminology  at  the  time).   He
contends that he had back and leg pain that would have  rendered  him  unfit
for continued  duty  and  require  a  disability  discharge.   However,  his
discharge physical examination made no mention  of  back  or  leg  problems.
Based on the available evidence, it cannot be concluded that  the  applicant
had any condition that would have  required  evaluation  in  the  Air  Force
disability system leading to disability  discharge  or  retirement.   Action
and disposition in this case are proper and equitable reflecting  compliance
with Air Force directives that implement the law.

The evaluation is at Exhibit C.

AFPC/DPPD recommended denial.  They indicated that the  applicant’s  records
show he was  never  referred  through  the  military  disability  evaluation
system (DES).  His medical records include two  physical  examinations,  one
completed on 31 October 1946 at the time of  his  discharge  from  the  U.S.
Army, and another completed 22 August 1952 during his active duty period  in
the U.S. Air Force.  Physical examinations both reflect  the  applicant  met
physical and mental standards for discharge.

Although  the  applicant  was  treated  for   various   medical   conditions
throughout his active duty tours, none appeared  to  be  serious  enough  or
life threatening that  would  have  required  he  be  referred  through  the
military DES.

Although the service member’s records are  somewhat  incomplete,  they  were
able to find the necessary documentation to make a fair  assessment  of  his
military career as far his eligibility  for  a  disability  discharge.   The
applicant has not submitted any material or documentation  to  show  he  was
unfit due to a physical disability under the  provisions  of  military  laws
and policy, at the time of his involuntary administrative discharge.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 November 2002, copies of the Air Force evaluations  were  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

ANG/DPPI recommended denial.  They indicated that they contacted  the  State
of --- Air National Guard for information regarding the  applicant’s  claim.
Although the  unit  was  able  to  verify  the  total  time  served  by  the
applicant, no information regarding promotion requests could be located.

The evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF EVALUATION:

On 24 March 2003, a copy of the evaluation was forwarded  to  the  applicant
for review and response within 30 days.  As of this date,  no  response  has
been received by this office.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant  reviewed  this  case  for  a  second  time  and
determined  that  action  and  disposition  in  this  case  are  proper  and
equitable reflecting compliance with Air Force directives  that  implemented
the law at the time.  No change in the records is  warranted  based  on  the
available medical documentation,  however  a  change  of  his  character  of
service may be considered based on a 1957 Air Force policy change  regarding
discharge of airmen under AFR 39-16.

The evaluation is at Exhibit I.

_________________________________________________________________

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 warranting the applicant’s requests  that
he receive two promotions as a member of the Air National  Guard  (ANG)  and
that his discharge be changed to a medical discharge.  With respect  to  the
discharge issue, the applicant has not established that  he  had  a  medical
condition which would have entitled him  to  a  disability  discharge.   The
Board notes that there is no indication of  any  promotion  requests  within
the applicant’s available records.  ANG/DPPI contacted the --- Air  National
Guard and they indicated  that  no  information  regarding  a  promotion  in
reference to the applicant could be located.  Therefore, the  applicant  has
not established to our satisfaction that he was eligible for,  or  promised,
promotions in 1951.  In view of the above and in the absence of evidence  to
the contrary, we find no basis upon which to recommend favorable  action  on
these requests.

4.    Notwithstanding the  above,  sufficient  relevant  evidence  has  been
presented to demonstrate the existence of an  injustice  warranting  partial
relief.  After reviewing the limited evidence of record,  we  are  convinced
that the applicant’s separation from the Air Force was  in  accordance  with
the prevailing regulation.  While we cannot determine the exact  reason  for
the applicant’s general (under honorable conditions) discharge,  based  upon
the presumption of regularity in the conduct  of  governmental  affairs  and
without evidence to the  contrary,  we  must  assume  that  the  applicant's
discharge  was  proper  and  in  compliance  with  appropriate   directives.
However, in accordance  with  the  change  in  Air  Force  policy  regarding
discharge of airmen under AFR 39-16, it is noted that  personnel  discharged
under this authority would be furnished an Honorable  Discharge  Certificate
unless the character of their service warranted a  general  discharge.   The
policy  change  indicated  that  members  discharged  due  to  an  unsuiting
personality disorder  were  to  receive  an  honorable  characterization  of
service  unless  their  misconduct  or  poor  quality  of  duty  performance
otherwise  justified  a  general  characterization.   While  there   is   no
indication in the applicant’s available records  regarding  the  quality  of
his service, during the time period in question, the  commander  would  have
been precluded from giving him an honorable discharge.   We  note,  however,
that as a result of the change in policy, an honorable discharge could  have
been recommended.  Further, we note his prior period of  honorable  service.
Therefore, we believe that as  a  result  of  the  changing  standards,  the
applicant’s records should be corrected to reflect  an  honorable  discharge
and this we so recommend.

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 27 August 1952, he was  honorably
discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 May 2003 and 25 July 2003 under  the  provisions  of  AFI  36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. James A. Wolffe, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining  to  AFBCMR  Docket  Number  2002-01707  was
considered:

   Exhibit A.  DD Form 149, dated 14 May 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant,
               dated 26 September 2002.
   Exhibit D.  Letter, AFPC/DPPD, dated 29 October 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 1 November 2002.
   Exhibit F.  Letter, ANG/DPPI, dated 19 March 2003.
   Exhibit G.  Letter, AFBCMR, dated 24 March 2003.
   Exhibit H.  Negative FBI Report.
   Exhibit I.  Letter, BCMR Medical Consultant,
               dated 4 June 2003.





                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR BC-2002-01707





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to   , be corrected to show that on 27 August 1952, he was
honorably discharged and issued an Honorable Discharge Certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency