RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00331
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  IF REQUIRED

MANDATORY CASE COMPLETION DATE:  30 JULY 2006

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APPLICANT REQUESTS THAT:

His discharge be upgraded.

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APPLICANT CONTENDS THAT:

He desires his discharge upgraded to general (under honorable conditions).  He should not have received a dishonorable discharge for a fake enlistment, just an undesirable discharge.

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

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STATEMENT OF FACTS:

The applicant's military personnel records were totally destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri; therefore, his service in the Air Force cannot be verified.

The available record provided by the applicant indicates that on 13 February 1947, he reenlisted in the United States Naval Reserves for a period of four years and was issued orders to inactive duty.  On 21 July 1948, he was discharged under honorable conditions for his own convenience in accordance with Article H-6206, BuPers Manual, to enlist in the Regular Army.

On 26 January and 7 March 2005, SAF/MRBR advised the applicant that his records were totally destroyed by fire in 1973 at the NPRC and they requested he provide documents, forms, and any records he may have in his possession (Exhibit B).

In a letter dated 22 March 2005, the applicant indicated because of his discharge he has received no financial or medical assistance from the service or the Veteran’s Hospitals.  He states he is in need of medical help and cannot receive it due to his inability to work on a consistent basis.  He indicates he currently receives $320.00 a month and believes if his discharge is upgraded he will receive medical assistance and back pension (Exhibit C).

On 25 March 2005, the applicant provided a copy of a document reflecting his reenlistment and discharge from the United States Navy (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 injustice.  The applicant contends he received a dishonorable discharge from the Air Force for fraudulent enlistment.  He desires his discharge upgraded to enable him to claim World War II service.  The available record provided by the applicant indicates he reenlisted in the United States Naval Reserves for a period of four years and was subsequently discharged under honorable conditions on 21 July 1948, for his own convenience in accordance with Article H-6206, BuPers Manual, to enlist in the Regular Army.  The Board notes the applicant’s personnel records apparently were destroyed by fire and therefore, we cannot determine with any certainty whether he was a member of the Air Force.   Per the Board’s request, a search for records was conducted by AF/JAJM to ascertain whether there were any court-martial records available on the applicant; however, none was found.  The search ranged in years from 1918 to 1970.  In view of the situation, without documentation verifying the applicant’s service in the Air Force, no record exists to correct.  Therefore, we recommend denial of the applicant’s request.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 19 May 2005, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2005-00331 was considered:

   Exhibit A.  DD Form 149, dated 25 December 2004, w/atchs.
   Exhibit B.  Letter, SAF/MRBR, dated 26 January and 
               7 March 2005.
   Exhibit C.  Letter, Applicant, dated 22 March 2005, w/atchs.
   Exhibit D.  Letter, Applicant, dated 25 March 2005, w/atch.

							Panel Chair