RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02736
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect five (5) months of total service.

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APPLICANT CONTENDS THAT:

He enlisted in the service on 23 October 1942 and separated in January 1943.  He states that he was hospitalized from January 1943 to March 1943 for a total of five months.

In support of his appeal, the applicant provided a letter from the Department of the Army Board for Correction of Military Records, dated 20 August 2002.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC).  Therefore, the facts surrounding his length of service or length of hospitalization while in the service cannot be verified.

From the available records, the applicant apparently enlisted in the Army on 22 October 1942 and was separated on 31 December 1942 in the grade of private with an honorable discharge.  Information from the hospital admission card indicates the applicant was diagnosed with amblyopia exanopsia and he was discharge for disability, not in the line of duty (existed prior to service).

On 12 November 2002 and 20 December 2002, SAF/MRBR notified the applicant that they had received his available military personnel records from the National Personnel Records Center (NPRC) and contacted officials from the Department of Veterans Affairs (DVA) to receive copies of his service medical records, to evaluate his request to receive additional service credit; however, they had not received any information regarding his service medical records (SMR).  He was requested to send any information concerning his SMR.  He was advised that if no response was received by 16 December 2002, his case would be forwarded to the Board (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December 2002 the applicant’s case was forwarded to the Board for processing.  He was given thirty (30) days to respond to SAF/MRBR’s letter, as of this date no response has been received by this office (Exhibit D).

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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 an injustice.  After careful consideration of applicant’s request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action with respect to his requests.   The applicant’s personnel records appear to have been destroyed by fire and we do not know the circumstances surrounding his length of service or length of hospitalization while in the service.  In the absence of this information we cannot determine whether or not his records should be corrected to reflect additional days of service.  On 20 December 2002, he was advised to provide comments concerning the disposition of the missing records and/or any other information relating to his application.  He did not do so.  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 accured on 31 December 1942 and that he is not entitled to have his records reflect further service.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number 02-02736 in Executive Session on 20 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 June 2002, w/atch.
   Exhibit B.  Fire Related Records.
   Exhibit C.  Letter, SAF/MRBR, dated 12 November 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 20 December 2002.