RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03245
				INDEX CODE:  110.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect:

		a.  His general discharge be upgraded to honorable.

		b.  All medals to which he was entitled.

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APPLICANT CONTENDS THAT:

He was never in trouble in his unit.  He was never absent without leave (AWOL).  He does not know why he received a general discharge.  He has no evidence but his word.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The applicant’s available military personnel records reflect he served on active duty from 15 February 1946 through 15 February 1949.  He served in Okinawa, Japan from 9 November 1946 through 24 December 1946 and he was awarded the World War II Victory Medal.

The applicant was discharged on 15 February 1949, under the provisions of Army Regulation (AR) 615-360 Expiration of term of service with a general discharge.

A DD Form 215 was issued on 29 July 2004 adding the Air Force Good Conduct Medal (AFGCM) and Army of Occupational Medal (Japan).

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the 
data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states they are unable to determine the propriety of the applicant’s discharge based on the lack of documentation in his records.  The applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge, nor has he provided any facts to support a change in his separation.  Therefore, they defer to the Board to determine if the applicant’s request should be granted (Exhibit D).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 August 2004, for review and response.  As of this date, no response has been received by this office.

On 24 August 2004, the Board staff requested the applicant provide documentation pertaining to his military service and discharge.  He did not respond (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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  The Board notes the Air Force has verified the applicant’s entitlement to the Air Force Good Conduct Medal and the Army Occupational Medal (Japan) and these will be presented to him.  However, with regard to the issue of his general discharge being upgraded, the Board agrees with the opinion and recommendation of the Air Force and adopts their rationale as the basis for their conclusion the applicant has not been the victim of an error or injustice.  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.  Having found no error or injustice, we likewise do not find an adequate basis to further upgrade the applicant’s discharge on the basis of clemency.  Therefore, in the absence of evidence to the contrary, we find no compelling 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 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 AFBCMR Docket Number BC-2003-03245 in Executive Session on 6 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Apr 04, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 May 04.
   Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.
   Exhibit F.  Letter, AFBCMR, dated 24 Aug 04, w/atch.