RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER:BC-2010-00537 COUNSEL: NONE HEARING DESIRED: NO ____________________________________________________________ _____ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. ____________________________________________________________ ____ APPLICANT CONTENDS THAT: He received a medical discharge because he had an asthma attack while in basic training. Before entering the Air Force he was aware he had asthma but when he filled out the medical records form he had not had any asthma attacks and marked no on the form. This was his error which led to his discharge. He has not had an incidence with asthma for years and does not have it now. He would like his discharge upgraded to receive burial benefits for him and his wife. In support of his request, the applicant provides a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. ____________________________________________________________ _____ STATEMENT OF FACTS: On 22 Sep 54, the applicant contracted his enlistment in the Regular Air Force. On 5 Oct 54, the applicant was examined by medical personnel and was diagnosed with asthma. It was further determined that the medical condition existed prior to his entry in the Air Force and disqualified him for continued service. The applicant stated he fraudulently withheld information regarding his medical condition. On 22 Oct 54, the applicant’s commander recommended he be discharged from the Air Force for Fraudulent Enlistment. The specific reason for the discharge action was he was diagnosed with a medical condition that disqualifies him for active service. It was further determined that the condition existed prior to his entry into the Armed Forces. On 28 Oct 54, the discharge authority directed a general discharge. He was discharged on 10 Nov 54. He served 1 month and 19 days of active service. On 17 Jun 10, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit C). The applicant states he marked no on the medical forms for asthma because at the time he believed he did not have asthma. He did not have any misconduct during basic training. Since leaving military service, he has lived in Louisiana. He is married with one child. He and his wife have been members of the First Baptist Church of Baton Rouge for many years. In 1988 he retired from the City Parrish Government of East Baton Rouge. He also has held several part time jobs. He is 77 years old and would like his discharge upgraded because he had two brothers who received honorable discharges from the Army for their service during World War II (Exhibit D). ____________________________________________________________ _____ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ____________________________________________________________ __ 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. ____________________________________________________________ _____ The following members of the Board considered AFBCMR Docket Number BC-2010-00537 in Executive Session on 13 Jul 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 17 Jun 10. Exhibit D. Letter, Applicant, dated 21 Jun 10.