RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02736
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to reflect five (5) months of total service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He enlisted in the service on 23 October 1942 and separated in January
1943. He states that he was hospitalized from January 1943 to March 1943
for a total of five months.
In support of his appeal, the applicant provided a letter from the
Department of the Army Board for Correction of Military Records, dated 20
August 2002.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973 at
the National Personnel Record Center (NPRC). Therefore, the facts
surrounding his length of service or length of hospitalization while in the
service cannot be verified.
From the available records, the applicant apparently enlisted in the Army
on 22 October 1942 and was separated on 31 December 1942 in the grade of
private with an honorable discharge. Information from the hospital
admission card indicates the applicant was diagnosed with amblyopia
exanopsia and he was discharge for disability, not in the line of duty
(existed prior to service).
On 12 November 2002 and 20 December 2002, SAF/MRBR notified the applicant
that they had received his available military personnel records from the
National Personnel Records Center (NPRC) and contacted officials from the
Department of Veterans Affairs (DVA) to receive copies of his service
medical records, to evaluate his request to receive additional service
credit; however, they had not received any information regarding his
service medical records (SMR). He was requested to send any information
concerning his SMR. He was advised that if no response was received by 16
December 2002, his case would be forwarded to the Board (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 December 2002 the applicant’s case was forwarded to the Board for
processing. He was given thirty (30) days to respond to SAF/MRBR’s letter,
as of this date no response has been received by this office (Exhibit D).
_________________________________________________________________
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 careful consideration of
applicant’s request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action
with respect to his requests. The applicant’s personnel records appear to
have been destroyed by fire and we do not know the circumstances
surrounding his length of service or length of hospitalization while in the
service. In the absence of this information we cannot determine whether or
not his records should be corrected to reflect additional days of service.
On 20 December 2002, he was advised to provide comments concerning the
disposition of the missing records and/or any other information relating to
his application. He did not do so. 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
accured on 31 December 1942 and that he is not entitled to have his records
reflect further service. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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 AFBCMR Docket Number 02-02736
in Executive Session on 20 February 2003, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Mary J. Johnson, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 June 2002, w/atch.
Exhibit B. Fire Related Records.
Exhibit C. Letter, SAF/MRBR, dated 12 November 2002.
Exhibit D. Letter, SAF/MRBR, dated 20 December 2002.
RICHARD A. PETERSON
Panel Chair
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