ADDENDUM TO
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

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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STATEMENT OF FACTS:

His military personnel records were destroyed in 1973 by fire at the National Personnel Records Center (NPRC) in St. Louis.  Therefore, the facts surrounding his discharge cannot be verified.  Documentation provided by the applicant indicates that he was discharged from the Air Force in 17 Aug 49 and issued an undesirable discharge.  

On 2 October 2002, applicant’s request for an upgrade of his discharge to honorable was considered and denied by the Board.  They concluded that based on the presumption of regularity in the conduct of government affairs and without persuasive evidence that would lead them to believe otherwise, they assume that his discharge was proper and in compliance with appropriate directives.  In addition, the Board indicated that the only other basis upon which to upgrade his discharge would be on clemency; however, the applicant failed to provide documentation pertaining to his post-service activities.  The Board stated that if the applicant provided evidence pertaining to his post-service activities, they would reconsider his request for an upgrade of his discharge.  A complete copy of the Record of Proceedings, with attachments, is at Exhibit C.

On 17 Oct 02, the applicant submitted a request for reconsideration.  In support of his request, applicant provided personal narratives, character references, copies of various certificates of achievement, additional copies of documents previously submitted, and documents associated with his Air Force Discharge Review Board appeal.  His complete submission, with attachments, is at Exhibit D.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI) indicated that they were unable to locate an arrest record pertaining to the applicant.

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THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  Based on the Board’s earlier recommendation, applicant has provided evidence pertaining to his activities since his separation from the Air Force.  Based on this documentation and in view of the fact that it has been over 53 years since he was discharge, we believe that some form of relief is warranted based on clemency.  Therefore, we recommend his discharge be upgraded to general, under honorable conditions.  Applicant’s request for a fully honorable discharge was considered; however, in the absence of evidence pertaining to the overall record of service, we do not recommend a further upgrade is warranted. 

2.  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.

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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 17 August 1949 he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number 02-02321 in Executive Session on 4 Dec 02, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit C.  Record of Proceedings, dated 2 Oct 02, w/atchs.
    Exhibit D.  Letter, Applicant, dated 17 Oct 02, w/atchs.
    Exhibit E.  FBI Negative Reply, dated 8 Nov 02.

									

AFBCMR 02-02321

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 17 August 1949 he was discharged with service characterized as general (under honorable conditions).