RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02321
		INDEX CODE:  110.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1947 he served for one year in the Air Force and was honorably discharged.  In July 1948, he reenlisted in the Air Force.  During his processing for an overseas assignment he was informed that he had committed fraud by failing to list his prior police record.  He told his commander that he did not intentionally omit the police record (which was for joy riding) he just didn’t think of it at the time of his reenlistment.  

In support of his request, applicant provided a personal statement, a copy of his undesirable discharge certificate, and a copy of his WD 53-59, Enlisted Record and Report of Separation, Undesirable Discharge.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed in 1973 by fire at the National Personnel Records Center (NPRC) in St Louis. MO.  Therefore, the facts surrounding his discharge from the Air Force cannot be verified.

Documentation provided by the applicant reflects that he was discharged from the United States Air Force on 17 Aug 49 under the provisions of AR 615-366 and issued an undesirable discharge.

_________________________________________________________________

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 persuasive evidence that would lead us to believe otherwise, we must assume that the applicant's 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 only other basis upon which to upgrade his discharge would be based on clemency.  However, the applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket Number 02-02321 in Executive Session on 19 Sep 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jul 02, w/atchs.
    Exhibit B.  Letter, SAF/MRBR, dated 26 Jul 02.