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AF | BCMR | CY2005 | BC-2005-00331
Original file (BC-2005-00331.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00331
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  IF REQUIRED

MANDATORY CASE COMPLETION DATE:  30 JULY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded to general (under  honorable  conditions).
He should not have received a dishonorable discharge for a fake  enlistment,
just an undesirable discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were totally  destroyed  by  fire
in 1973 at  the  National  Personnel  Record  Center  (NPRC)  in  St. Louis,
Missouri; therefore, his service in the Air Force cannot be verified.

The available  record  provided  by  the  applicant  indicates  that  on  13
February 1947, he reenlisted in the  United  States  Naval  Reserves  for  a
period of four years and was issued orders to inactive  duty.   On  21  July
1948, he was discharged under honorable conditions for his  own  convenience
in accordance with Article H-6206, BuPers Manual, to enlist in  the  Regular
Army.

On 26 January and 7 March 2005, SAF/MRBR  advised  the  applicant  that  his
records were totally destroyed  by  fire  in  1973  at  the  NPRC  and  they
requested he provide documents, forms, and any records he may  have  in  his
possession (Exhibit B).

In a letter dated 22 March 2005, the  applicant  indicated  because  of  his
discharge he has received  no  financial  or  medical  assistance  from  the
service or the Veteran’s Hospitals.  He states he  is  in  need  of  medical
help and cannot receive it due to his inability  to  work  on  a  consistent
basis.  He indicates he currently receives $320.00 a month and  believes  if
his discharge is upgraded  he  will  receive  medical  assistance  and  back
pension (Exhibit C).

On 25 March 2005, the applicant provided a copy  of  a  document  reflecting
his reenlistment and discharge from the United States Navy (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 injustice.  The applicant contends  he  received  a
dishonorable discharge from the Air Force  for  fraudulent  enlistment.   He
desires his discharge upgraded to enable him to claim World War II  service.
 The available record provided by the applicant indicates he  reenlisted  in
the United States Naval  Reserves  for  a  period  of  four  years  and  was
subsequently discharged under honorable conditions on 21 July 1948, for  his
own convenience in accordance with Article H-6206, BuPers Manual, to  enlist
in the Regular Army.  The Board  notes  the  applicant’s  personnel  records
apparently were destroyed by fire and therefore, we  cannot  determine  with
any certainty whether he was a member of the Air Force.    Per  the  Board’s
request, a search for records was conducted by AF/JAJM to ascertain  whether
there were any court-martial records available on  the  applicant;  however,
none was found.  The search ranged in years from 1918 to 1970.  In  view  of
the situation, without documentation verifying the  applicant’s  service  in
the Air Force, no record exists to correct.  Therefore, we recommend  denial
of the applicant’s request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 19 May 2005, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Ms. Marcia Jane Bachman, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2005-00331 was considered:

   Exhibit A.  DD Form 149, dated 25 December 2004, w/atchs.
   Exhibit B.  Letter, SAF/MRBR, dated 26 January and
               7 March 2005.
   Exhibit C.  Letter, Applicant, dated 22 March 2005, w/atchs.
   Exhibit D.  Letter, Applicant, dated 25 March 2005, w/atch.




                       RICHARD A. PETERSON
                       Panel Chair


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