RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-01707
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His involuntary discharge be changed to a medical discharge, and that he receive two promotions as a member of the Air National Guard.

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APPLICANT CONTENDS THAT:

He was hospitalized twice in 1952 for back and leg pain.  His first stay he was not given any medical attention and released.  The second time he was hospitalized for one week.  He was advised while hospitalized that he would receive a medical discharge and did not.  

He also contends that in 1951 he was advised that he would receive two promotions while on duty at Ellington Air Force Base.   However, no promotions were received.  

In support of his appeal, the applicant provided a personal statement, two reference letters, and a copy of his DD Form 214 (Report of Separation From the Armed Forces of the United States).

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

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STATEMENT OF FACTS:

The available records reflect the applicant served in the Army from 6 June 1945 to 26 November 1946.  The records further indicate he was called from inactive duty for a period of 21 months on 1 May 1951, in the grade of airman third class.  He was discharged on 27 August 1952 under the provisions of AFR 39-16 (Inaptitude and/or Unsuitability) with service characterized as general (under honorable conditions).
Available records indicate that the applicant met physical and mental standards for discharge.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force (Exhibits C and D).  

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit H).

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial.  He indicated that the applicant was administratively discharged for an unsuiting personality disorder (inadequate personality in the terminology at the time).  He contends that he had back and leg pain that would have rendered him unfit for continued duty and require a disability discharge.  However, his discharge physical examination made no mention of back or leg problems.  Based on the available evidence, it cannot be concluded that the applicant had any condition that would have required evaluation in the Air Force disability system leading to disability discharge or retirement.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The evaluation is at Exhibit C.

AFPC/DPPD recommended denial.  They indicated that the applicant’s records show he was never referred through the military disability evaluation system (DES).  His medical records include two physical examinations, one completed on 31 October 1946 at the time of his discharge from the U.S. Army, and another completed 22 August 1952 during his active duty period in the U.S. Air Force.  Physical examinations both reflect the applicant met physical and mental standards for discharge.

Although the applicant was treated for various medical conditions throughout his active duty tours, none appeared to be serious enough or life threatening that would have required he be referred through the military DES.

Although the service member’s records are somewhat incomplete, they were able to find the necessary documentation to make a fair assessment of his military career as far his eligibility for a disability discharge.  The applicant has not submitted any material or documentation to show he was unfit due to a physical disability under the provisions of military laws and policy, at the time of his involuntary administrative discharge.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 November 2002, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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ADDITIONAL AIR FORCE EVALUATION:

ANG/DPPI recommended denial.  They indicated that they contacted the State of --- Air National Guard for information regarding the applicant’s claim.  Although the unit was able to verify the total time served by the applicant, no information regarding promotion requests could be located.  

The evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF EVALUATION:

On 24 March 2003, a copy of the evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this case for a second time and determined that action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implemented the law at the time.  No change in the records is warranted based on the available medical documentation, however a change of his character of service may be considered based on a 1957 Air Force policy change regarding discharge of airmen under AFR 39-16.

The evaluation is at Exhibit I.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the applicant’s requests that he receive two promotions as a member of the Air National Guard (ANG) and that his discharge be changed to a medical discharge.  With respect to the discharge issue, the applicant has not established that he had a medical condition which would have entitled him to a disability discharge.  The Board notes that there is no indication of any promotion requests within the applicant’s available records.  ANG/DPPI contacted the --- Air National Guard and they indicated that no information regarding a promotion in reference to the applicant could be located.  Therefore, the applicant has not established to our satisfaction that he was eligible for, or promised, promotions in 1951.  In view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on these requests.

4.	Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief.  After reviewing the limited evidence of record, we are convinced that the applicant’s separation from the Air Force was in accordance with the prevailing regulation.  While we cannot determine the exact reason for the applicant’s general (under honorable conditions) discharge, 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 discharge was proper and in compliance with appropriate directives.  However, in accordance with the change in Air Force policy regarding discharge of airmen under AFR 39-16, it is noted that personnel discharged under this authority would be furnished an Honorable Discharge Certificate unless the character of their service warranted a general discharge.  The policy change indicated that members discharged due to an unsuiting personality disorder were to receive an honorable characterization of service unless their misconduct or poor quality of duty performance otherwise justified a general characterization.  While there is no indication in the applicant’s available records regarding the quality of his service, during the time period in question, the commander would have been precluded from giving him an honorable discharge.  We note, however, that as a result of the change in policy, an honorable discharge could have been recommended.  Further, we note his prior period of honorable service.  Therefore, we believe that as a result of the changing standards, the applicant’s records should be corrected to reflect an honorable discharge and this we so recommend.

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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 27 August 1952, he was honorably discharged and issued an Honorable Discharge Certificate.

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The following members of the Board considered this application in Executive Session on 15 May 2003 and 25 July 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number 2002-01707 was considered:

   Exhibit A.  DD Form 149, dated 14 May 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, 
               dated 26 September 2002.
   Exhibit D.  Letter, AFPC/DPPD, dated 29 October 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 1 November 2002.
   Exhibit F.  Letter, ANG/DPPI, dated 19 March 2003.
   Exhibit G.  Letter, AFBCMR, dated 24 March 2003.
   Exhibit H.  Negative FBI Report.
   Exhibit I.  Letter, BCMR Medical Consultant,
               dated 4 June 2003.

                                   
                                   Panel Chair

AFBCMR BC-2002-01707

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   , be corrected to show that on 27 August 1952, he was honorably discharged and issued an Honorable Discharge Certificate.

		
		Director
		Air Force Review Boards Agency