RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER:BC-2010-00537
COUNSEL: NONE
HEARING DESIRED: NO
____________________________________________________________
_____
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be
upgraded to honorable.
____________________________________________________________
____
APPLICANT CONTENDS THAT:
He received a medical discharge because he had an asthma
attack while in basic training. Before entering the Air
Force he was aware he had asthma but when he filled out the
medical records form he had not had any asthma attacks and
marked no on the form. This was his error which led to his
discharge.
He has not had an incidence with asthma for years and does
not have it now. He would like his discharge upgraded to
receive burial benefits for him and his wife.
In support of his request, the applicant provides a copy of
his DD Form 214, Report of Separation from the Armed Forces
of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
____________________________________________________________
_____
STATEMENT OF FACTS:
On 22 Sep 54, the applicant contracted his enlistment in the
Regular Air Force.
On 5 Oct 54, the applicant was examined by medical personnel
and was diagnosed with asthma. It was further determined
that the medical condition existed prior to his entry in the
Air Force and disqualified him for continued service. The
applicant stated he fraudulently withheld information
regarding his medical condition.
On 22 Oct 54, the applicants commander recommended he be
discharged from the Air Force for Fraudulent Enlistment.
The specific reason for the discharge action was he was
diagnosed with a medical condition that disqualifies him for
active service. It was further determined that the
condition existed prior to his entry into the Armed Forces.
On 28 Oct 54, the discharge authority directed a general
discharge.
He was discharged on 10 Nov 54. He served 1 month and 19
days of active service.
On 17 Jun 10, the Board staff requested the applicant
provide documentation concerning his activities since
leaving military service (Exhibit C).
The applicant states he marked no on the medical forms for
asthma because at the time he believed he did not have
asthma. He did not have any misconduct during basic
training. Since leaving military service, he has lived in
Louisiana. He is married with one child. He and his wife
have been members of the First Baptist Church of Baton Rouge
for many years. In 1988 he retired from the City Parrish
Government of East Baton Rouge. He also has held several
part time jobs. He is 77 years old and would like his
discharge upgraded because he had two brothers who received
honorable discharges from the Army for their service during
World War II (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 error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we find no evidence of an error
or injustice that occurred in the discharge processing.
Based on the available evidence of record, it appears the
discharge was consistent with the substantive requirements
of the discharge regulation and within the commander's
discretionary authority. The applicant has provided no
evidence which would lead us to believe the characterization
of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to
the offenses committed. We considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient to compel us to recommend
granting the relief sought on that basis. Therefore, in the
absence of evidence to the contrary, we find no basis upon
which to recommend granting the relief sought.
____________________________________________________________
__
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 AFBCMR Docket
Number BC-2010-00537 in Executive Session on 13 Jul 10,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 Jun 10.
Exhibit D. Letter, Applicant, dated 21 Jun 10.
Panel Chair
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