RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02234
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His father-in-law’s under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His father-in-law was honorably discharged from the Air Force, but the Certification of Military Service states UOTHC.  The discharge should be upgraded to obtain medical services from the Veteran Administration for his father-in-law.  In support of the application, the applicant submits a statement from the former member’s daughter, an Air Force Discharge Review Board application, a Certification of Military Service, an Honorable Discharge Certificate (AF Reserves), a medical prognosis, letter from National Personnel Records Center, and a general power of attorney.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

It appears fire may have destroyed the majority of the former member’s military personnel records in 1973.  Therefore, the facts surrounding his Air Force military service cannot be verified.  The following is the only known information concerning his military service and was extracted from the available documentation.

On 17 March 1955, the former member enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four (4) years.  

On 11 September 1956, Special Court-Martial Order 173 was issued ordering the former member’s discharge under other than honorable conditions, effective 5 February 1957, on which date, a Bad Conduct Discharge certificate was issued.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No.), which is at Exhibit E.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS offers no recommendation.  DPPRS is unable to determine the propriety of the discharge based on the lack of documentation on file in the master personnel records.  Applicant did not submit any evidence or identify any errors in the discharge processing, nor provide facts that support upgrading the discharge to honorable.  DPPRS defers to the Board to determine if the former member should be granted relief based on limited supporting documentation in his master personnel records.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant for review and comment on 13 August 2004.  On 24 August 2004 the applicant was invited to submit information pertaining to the former member’s post-service accomplishments.  On 8 September 2004 a copy of the Federal Bureau of Investigations (FBI) report was forwarded to the applicant.  As of this date, this office has received no response to the above correspondence (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 error or injustice.  After careful consideration of the available evidence and in the absence of evidence by the applicant to the contrary, we must assume that the actions taken to effect the former member’s discharge were proper and in compliance with the provisions of the governing regulations in effect at that time.  We note the contents of the FBI Identification Record.  The applicant has provided no documentary evidence to support that his father-in-law was a law-abiding and productive member of the community in the years after his separation, thereby providing a basis for relief on clemency.  While we are not unsympathetic toward the former member's family, in the absence of evidence showing the former member’s discharge was erroneous or unjust, or that subsequent to his separation, he made a successful post-service adjustment, we find no basis on which to favorably consider the applicant’s request.

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice 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 Docket Number BC-2004-02234 in Executive Session on 4 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 10 Aug 04, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04, and
                 Letters, AFBCMR, dated 24 Aug 04 and 8 Sep 04.
Exhibit E.  FBI Report.