RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-003640
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general (under honorable conditions).
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APPLICANT CONTENDS THAT:

While he was hospitalized for rheumatic fever at Sampson AFB, NY and awaiting a medical discharge, he went home on a weekend pass and did not return for 27 days.  While home he got a job to help his family.  He came from a family of 12 children with no money. After working 3 weeks he decided to get his discharge; however, he was offered an undesirable discharge instead of a medical discharge.  He accepted the undesirable discharge so he could return home to work and help his family. 

He had a very bad heart; however, he recently had an operation and feels better than he has ever felt before.  He is doing fine receiving Social Security and food stamps.  However, he is unable to work and cannot receive medical care from the Veterans Administration (VA) due to his discharge.  An upgrade of his discharge would enable him to receive the care he cannot afford on his own. 

In support of his request, he submits a personal statement, a statement from the Lewis County Veterans Service Agency detailing the applicant’s request, a copy of his DD Form 293, medical statements from his private physician, copies of military documents associated with his Physical Evaluation Board and a copy of his service record. 

The applicant’s submissions, with attachments, are at Exhibit A. 

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STATEMENT OF FACTS:

On 15 February 1952, the applicant enlisted in the Regular Air Force at the age of 18 for a period of 4 years.  On 17 August 1955, the applicant’s commander initiated a recommendation that he be separated from the Air Force under the provisions of AFR 39-17 (Unfitness), because of the applicant’s repeated commission of civilian and military offenses since his assignment to the organization in March 1954.  (Records pertaining to the applicant’s prior assignment history and duty performance are not available in his military personnel records).  Having been notified of his commander’s intent to initiate discharge proceedings against him, on 19 August 1955, the applicant acknowledged his understanding of the recommended action and the rights to which he was entitled.  He indicated legal counsel had been made available to him.  He waived his rights to a board hearing and requested discharge without benefit of a board hearing.

On 29 November 1955, based on a diagnosis of Rheumatic valvulitis, inactive, with involvement of the aortic valve manifested by a high pitched, hollow sound over the aortic area replacing the aortic second sound, with increased pulse pressure, the applicant’s case was referred to a Medical Board for consideration.  The board found that the applicant was physically unfit for further military duty and recommended that the applicant be referred to a Physical Evaluation Board (PEB) for further evaluation.  The PEB was held on the same date and, after considering the medical record, determined that the applicant was unfit for service and that the extent of the disability was permanent.  The PEB found that the disability was not due to neglect, misconduct or unauthorized absence, that the disability was incurred while he was entitled to receive basic pay and was the result of active or inactive duty training, and that the condition was disabling and ratable at 10 percent.  The PEB recommended that the applicant be discharged because of disability with severance pay.  On 21 December 1955, the Physical Review Council (PRC) concurred with the findings and recommendations of the PEB.  On 3 January 1956, the Secretary of the Air Force disapproved the recommendation of the PRC and directed that the applicant’s case be returned to the appropriate commander for continuation of the action initiated against him under the provisions of AFR 39-17.

On 27 March 1956, the discharge authority approved the recommended separation and directed that the applicant be discharged with an undesirable discharge.  On 30 March 1956, the applicant was discharged in the grade of airman basic with an undesirable discharge.  He was credited with 3 years, 11 months and 5 days, of which 1 year and 2 days were overseas and/or Southeast Asia service.  Time lost was 135 days due to AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS further state that the applicant has not provided any new evidence or identified any errors or injustices that occurred in the discharge processing.

The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 February 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit D).

On 19 March 2002, a letter was forwarded to applicant and counsel suggesting that the applicant consider providing evidence pertaining to his post-service activities.  On 29 March 2002, counsel requested additional time to respond (see Exhibit E).  As of this date, this office has received no response.

On 8 April 2002, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit F).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is the Board majority’s opinion that approval of some relief is warranted in this case.  The documentation in his record clearly establishes that the applicant was suffering from Rheumatic valvulitis at the time of his discharge and that his condition was disabling and ratable at 10 percent by the Physical Review Council (PRC).  However, the Secretary of the Air Force disapproved the recommendation of the PRC and determined that discharge action should continue.  In light of the above, and since it has been over 45 years ago since his discharge, the Board majority believes that it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge.  Therefore on the basis of clemency, the Board majority feels an upgrade of his discharge to general (under honorable conditions) is warranted and his records be corrected to the extent indicated below. 

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 March 1956, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 26 June 2002, under the provisions of AFI 36-2603:

Mr. and Mrs. voted to correct the records as recommended.  Mr. voted to deny the applicant’s request and elected not to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 December 2001 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 12 February 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 22 February 2002.
	Exhibit E.  Letter, AFBCMR, dated 19 March 2002.
	Exhibit F.  Letter, AFBCMR, dated 8 April 2002, w/FBI report.

AFBCMR 01-003640

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 March 1956, he was discharged with service characterized as general (under honorable conditions).