RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:           DOCKET NUMBER: BC-2007-01211
                            INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXXX     COUNSEL:  Legal Aid of Manasota, Inc.
                            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE: 21 October 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Section IX discharge from the Army Air  Corps  be  upgraded  to  general
(under  honorable   conditions)   in   order   to   qualify   for   Veterans
Administration (VA) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believed he was no longer in the  military  service  after  early  August
1942 when it was discovered that his age at the time of his  enlistment  was
16 ½ years versus 18 ½ years.  He was informed by  an  officer  at  Wendover
Field that he was “out” without any other formality, and was separated  from
service without further procedures.  He  was  not  provided  any  separation
compensation nor  given  any  transportation  to  return  to  his  place  of
enlistment.  Left in a vulnerable situation, he joined several  other  young
men with whom he hitch-hiked to Idaho looking for employment.   He  and  the
other  young  men  became  involved  in  a  robbery  and  were  subsequently
incarcerated in Idaho for a period of one year.  On 6 November 1943, he  was
advised that he had never been formally discharged  from  the  military  and
was given a discharge indicating time lost under the 107th Article  of  War.


In support of his request, the applicant provides  a  signed  affidavit,  an
affidavit from his counsel, certificate  of  birth,  discharge  certificate,
enlistment record, and the record of the court judgment  which  led  to  his
civilian incarceration.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the limited available military records and those  submitted  by
the applicant, he enlisted in the Army Air Corps at the age of 18 years  and
9 months on 10 January 1942 in the grade of private.   He  was  subsequently
appointed to the grade of sergeant on 1 May 1942.  The applicant was  listed
as Absent Without Leave (AWOL) from 29 July 1942 to  9  February  1943.   On
1 August 1942, he was reduced to the  grade  of  private.   On  21 September
1942, the applicant was sentenced to  one  year  in  a  county  jail  for  a
conviction of robbery.  The applicant  was  dropped  as  a  deserter  on  10
February 1943.

On 8 April 1943, the  applicant  was  discharged  under  the  provisions  of
Section IX,  Paragraph  59,  of  Army  Regulation  615-360,  for  reason  of
conviction by a civilian court.  He  served  for  a  period  of  1  year,  2
months, and 10 days on active duty with 253 days lost time.

No other military service records can be located; therefore,  an  Air  Force
advisory opinion was unable to  be  accomplished.   The  applicant  did  not
submit any further information surrounding his discharge.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

On 14 June 2007, the applicant was given the opportunity to submit  comments
about his post service activities  (Exhibit  C).   As  of  this  date,  this
office has received no response.

_________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to the provisions of Army Regulation 615-360, then  in  effect,
which provided for the issuance of a Blue  Discharge  Certificate  from  the
Army of the United States for individuals separated by reason  of  inaptness
or undesirable traits of character.  The certificate of discharge  does  not
indicate any characterization  of  service.   It  was;  however,  issued  in
accordance with the guidance contained in Army Regulation 345-470,  then  in
effect, as follows:  the blue discharge must be  used  in  all  cases  where
service has not been honest and faithful or where a character of  “Fair”  or
“Poor” is given, and in which a  dishonorable  discharge  cannot  be  given.
Based on the presumption  of  regularity  in  the  conduct  of  governmental
affairs  the  discharge  was  proper  and  in  compliance  with  appropriate
directives.

_________________________________________________________________

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.  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 characterization of  discharge
was proper and in compliance with appropriate directives.  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 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 9 August 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Terri G. Spoutz, Member
            Ms. Sharon B. Seymour, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-01211:

      Exhibit A.  DD Form 149, dtd 3 Apr 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFBCMR, dtd 14 Jun 07, w/atch.




                                  MICHAEL K. GALLOGLY
                                                   Panel Chair