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AF | BCMR | CY2003 | BC-2002-02736
Original file (BC-2002-02736.doc) Auto-classification: Denied


                            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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