RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:           DOCKET NUMBER: BC-2007-01211
                            INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXXXXXX     COUNSEL:  -----------------
                            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE: 21 October 2008

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APPLICANT REQUESTS THAT:

His Section IX discharge from the Army Air Corps be upgraded to general (under honorable conditions) in order to qualify for Veterans Administration (VA) benefits.

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APPLICANT CONTENDS THAT:

He believed he was no longer in the military service after early August 1942 when it was discovered that his age at the time of his enlistment was 16 ½ years versus 18 ½ years.  He was informed by an officer at Wendover Field that he was “out” without any other formality, and was separated from service without further procedures.  He was not provided any separation compensation nor given any transportation to return to his place of enlistment.  Left in a vulnerable situation, he joined several other young men with whom he hitch-hiked to Idaho looking for employment.  He and the other young men became involved in a robbery and were subsequently incarcerated in Idaho for a period of one year.  On 6 November 1943, he was advised that he had never been formally discharged from the military and was given a discharge indicating time lost under the 107th Article of War.  

In support of his request, the applicant provides a signed affidavit, an affidavit from his counsel, certificate of birth, discharge certificate, enlistment record, and the record of the court judgment which led to his civilian incarceration.  

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to the limited available military records and those submitted by the applicant, he enlisted in the Army Air Corps at the age of 18 years and 9 months on 10 January 1942 in the grade of private.  He was subsequently appointed to the grade of sergeant on 1 May 1942.  The applicant was listed as Absent Without Leave (AWOL) from 29 July 1942 to 9 February 1943.  On 1 August 1942, he was reduced to the grade of private.  On 21 September 1942, the applicant was sentenced to one year in a county jail for a conviction of robbery.  The applicant was dropped as a deserter on 10 February 1943.

On 8 April 1943, the applicant was discharged under the provisions of Section IX, Paragraph 59, of Army Regulation 615-360, for reason of conviction by a civilian court.  He served for a period of 1 year, 2 months, and 10 days on active duty with 253 days lost time.  

No other military service records can be located; therefore, an Air Force advisory opinion was unable to be accomplished.  The applicant did not submit any further information surrounding his discharge.  

Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

On 14 June 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit C).  As of this date, this office has received no response.  

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AIR FORCE EVALUATION:

None.  The applicant has not shown the characterization of his discharge was contrary to the provisions of Army Regulation 615-360, then in effect, which provided for the issuance of a Blue Discharge Certificate from the Army of the United States for individuals separated by reason of inaptness or undesirable traits of character.  The certificate of discharge does not indicate any characterization of service.  It was; however, issued in accordance with the guidance contained in Army Regulation 345-470, then in effect, as follows:  the blue discharge must be used in all cases where service has not been honest and faithful or where a character of “Fair” or “Poor” is given, and in which a dishonorable discharge cannot be given.  Based on the presumption of regularity in the conduct of governmental affairs the discharge was proper and in compliance with appropriate directives.

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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.  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 characterization of discharge was proper and in compliance with appropriate directives.  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 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 9 August 2007, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-01211:

	Exhibit A.  DD Form 149, dtd 3 Apr 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dtd 14 Jun 07, w/atch.

						XXXXXXXXXX
									Panel Chair