RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01482

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

He enlisted in the XXX National Guard on March 9, 1954 and was discharged September 20, 1955 to go on active duty in the Air Force.  When he joined the  XXX National Guard, he lied about his age changing his birth date from October 23, 1938 to October 23, 1936.  He enlisted in the Air Force on September 21, 1955 using the same false date of birth.  He received an honorable discharge on May 20, 1957 in order to reenlist in the Air Force at which time he corrected his date of birth.  

Unfortunately, he fell in with a bad friend. In March or April of 1958, this friend and he were arrested for siphoning gas from an automobile, and placed in jail.  After spending several hours in jail, he posted bail and was released on his own recognizance.  When he went to court, he pleaded guilty to petty theft and was sentenced to 15 days extra duty and his duty was changed from a personnel specialist to hotel manager for the crews of incoming aircraft.  

A couple of weeks later, he was called to the commander’s office and was asked if he wanted out of the Air Force.  He asked what kind of discharge he would receive and was told it would be a general discharge under honorable conditions.  He told the commander he would like to think it over.  The commander gave him about 15 minutes to think it over and left him in his office.  When he returned, he asked him what he had decided and he told him that he would take the general discharge. In October 1969, he applied for a VA loan and got it.  Because he was retiring this year (2003), he began to get all his papers together and when he received his papers from the Military Personnel Center in St Louis, Missouri, he was shocked to see that they had listed his discharge as undesirable.  

He immediately contacted the VA and talked to a counselor.  He was told to fill out the DD Form 293.

Because all his personal papers were lost in a fire in Flora, Indiana in the early 1960’s and his military records were destroyed in the 1973 fire in St Louis, he is at a loss in validating his general discharge.  He feels that the undesirable discharge is inequitable because he never received a court martial or any other type of disciplinary action during his 32 months of honorable service.  He was discharged as an A/2c and was told that he would receive a general discharge.  

He has been a good citizen since his release from the Air Force and has never been arrested, except for traffic citations.  He has furthered his education by attending Seminary and has been ordained by the Southern Baptist Convention as a Minister of Gospel.  He made a mistake when he was 19 years old that he has regretted ever since.  

In support of his appeal, the applicant submits a personal letter, a copy of a certificate of his military service and a copy of his VA Eligibility certificate.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his separation from military service cannot be verified.  

Based on documentation provided by the applicant, he was discharged on 29 May 1958 with an undesirable discharge.

In response to the Board’s request, the Federal Bureau of Investigation (FBI) indicated that the basis of the information provided, they were unable to locate an arrest record pertaining to the applicant, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS stated other than the applicant’s statement, he did not identify any specific errors in the discharge processing.  However, considering the discharge occurred over 45 years ago, his young age and lack of documentation to support the discharge, they would not object to an upgrade to general (under honorable conditions) discharge if a search of the FBI records does not reveal any subsequent convictions.  

AFPC/DPPRS evaluation is at Exhibit B.

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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 30 May 2003, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  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.  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 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 Docket Number BC-2003-01482 in Executive Session on 3 September 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 May 03, w/atchs.
	Exhibit B.	Letter, AFPC/DPPRS, dated 15 May 03.
	Exhibit C.	FBI Report, dated 6 Aug 03
	Exhibit D.	Letter, SAF/MRBR, dated 30 May 03.

	
	Panel Chair