RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-01883
		INDEX CODE:  110.00
		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.  

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APPLICANT CONTENDS THAT:

He would like to be able to receive medical assistance from the Veterans Administration (VA).  He went to prison shortly after his discharge.  He received a reduced sentence after his lawyer contacted Air Force officials stating that he should have received rehabilitation treatment before being discharged.  He has no information on this issue and only by reviewing his records will the Board be able to get the full story. 

Applicant submits no supporting documentation.  Applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records were lost or destroyed.  The following is the only known information pertaining to the applicant extracted from the partially reconstructed record.  The applicant enlisted in the Regular Air Force on 27 August 1952 for a period of four years.  On 18 July 1955, he was discharged under the provisions of AFR 39-17, for unfitness and received an undesirable discharge.  

An attempt to obtain any Federal Bureau of Investigation reports pertaining to the applicant was unsuccessful due to the limited information available on the individual.

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AIR FORCE EVALUATION:

AFPC/DPPRS defers to the Board to determine if the applicant should be granted relief based on limited supporting documentation in his record.  DPPRS was unable to determine the propriety of the discharge based on the lack of documentation in his record.  The applicant did not submit any evidence, identify any errors in the discharge processing, nor provide facts that support changing his separation.  The AFPC/DPPRS evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 25 July 2003, for review and response.  As of this date, this office has received no response. 

On 12 August 2003, a letter was forwarded to applicant suggesting that he consider providing evidence pertaining to his post-service activities.  Applicant responded by recounting his service and post-service activities.  He states he would like to be granted an honorable discharge so he may qualify for medical benefits from the Veterans Administration.  He cannot afford to pay for his medical needs and frequently goes without taking medication.  Applicant’s letter is at 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After careful consideration of the applicant’s request, we have seen no evidence indicating that the applicant was improperly discharged or that an upgrade of his service characterization based on clemency is warranted.  The applicant was asked to provide documentation substantiating a successful post-service adjustment and, in response, submitted a personal statement for our review.  However, without corroborative evidence of the type cited in the Information Bulletin he was provided, we do not find his statement sufficient, in and by itself, to warrant approval of the requested relief.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, we find no basis to recommend granting the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.  
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The following members of the Board considered this application in Executive Session on 6 October 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 03-01883 was considered:

     Exhibit A.  DD Form 149, dated 3 Jul 032.
     Exhibit B.  Applicant's Reconstructed Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 15 Jul 03.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
     Exhibit E.  Letter, AFBCMR, dated 12 Aug 03 w/atch.
     Exhibit F.  Letter, Applicant, undated.