RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-01883
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to be able to receive medical assistance from the Veterans
Administration (VA). He went to prison shortly after his discharge. He
received a reduced sentence after his lawyer contacted Air Force officials
stating that he should have received rehabilitation treatment before being
discharged. He has no information on this issue and only by reviewing his
records will the Board be able to get the full story.
Applicant submits no supporting documentation. Applicant’s submission is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were lost or destroyed. The
following is the only known information pertaining to the applicant
extracted from the partially reconstructed record. The applicant enlisted
in the Regular Air Force on 27 August 1952 for a period of four years. On
18 July 1955, he was discharged under the provisions of AFR 39-17, for
unfitness and received an undesirable discharge.
An attempt to obtain any Federal Bureau of Investigation reports pertaining
to the applicant was unsuccessful due to the limited information available
on the individual.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS defers to the Board to determine if the applicant should be
granted relief based on limited supporting documentation in his record.
DPPRS was unable to determine the propriety of the discharge based on the
lack of documentation in his record. The applicant did not submit any
evidence, identify any errors in the discharge processing, nor provide
facts that support changing his separation. The AFPC/DPPRS evaluation is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 25 July 2003, for review and response. As of this date, this office has
received no response.
On 12 August 2003, a letter was forwarded to applicant suggesting that he
consider providing evidence pertaining to his post-service activities.
Applicant responded by recounting his service and post-service activities.
He states he would like to be granted an honorable discharge so he may
qualify for medical benefits from the Veterans Administration. He cannot
afford to pay for his medical needs and frequently goes without taking
medication. Applicant’s letter is at Exhibit F.
_________________________________________________________________
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 error or injustice. After careful consideration of the
applicant’s request, we have seen no evidence indicating that the applicant
was improperly discharged or that an upgrade of his service
characterization based on clemency is warranted. The applicant was asked
to provide documentation substantiating a successful post-service
adjustment and, in response, submitted a personal statement for our review.
However, without corroborative evidence of the type cited in the
Information Bulletin he was provided, we do not find his statement
sufficient, in and by itself, to warrant approval of the requested relief.
Therefore, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. Accordingly, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material 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 this application in Executive
Session on 6 October 2003, under the provisions of AFI 36-2603:
Ms. Marilyn Thomas, Vice Chair
Ms. Barbara R. Murray, Member
Ms. Ann-Cecile McDermott, Member
The following documentary evidence for AFBCMR Docket Number 03-01883 was
considered:
Exhibit A. DD Form 149, dated 3 Jul 032.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 15 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 25 Jul 03.
Exhibit E. Letter, AFBCMR, dated 12 Aug 03 w/atch.
Exhibit F. Letter, Applicant, undated.
MARILYN THOMAS
Vice Chair
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