RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00811 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Enlisted Record and Report of Separation Honorable Discharge, be changed to reflect his date of enlistment (DOE) as 22 December 1944 rather than 22 December 1945. 2. His date of birth (DOB) be changed from 16 May 1927 to 16 May 1926. (Administratively corrected). 3. He receive Foreign Service credit for the time he served in Germany. ________________________________________________________________ APPLICANT CONTENDS THAT: His DOE was incorrectly recorded on his DD Form 214. In support of his request, applicant provides copies of letters from the Veterans Service Office/Department of the Army Review Boards Agency, his birth certificate and DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were destroyed by fire in 1973. Therefore, the facts surrounding his separation cannot be verified. Data extracted from his reconstructed records reflects he enlisted in the Armed Forces on 22 December 1945. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial of the applicant’s request for a change of his DOE. DPSIPV states after a thorough review of the discharge document he provided, item 39 shows 3 months and 11 days prior service and the dates of the latest immunizations in item 35. The earliest immunization shown is 28 September 1945 and is prior to the 22 December 1945 enlistment date. DPSIPV does not know when the prior service was performed and he did not provide any documentation for his prior service. If it was immediately prior to the 22 December 1945 enlistment, the earliest date of service would be 11 September 1945. DPSIPV states the applicant did not provide any documentation to support his claim that the DOE was recorded incorrectly when he was discharged in 1946. The 3 months and 11 days are already documented on the discharge document. The complete DPSIPV evaluation is at Exhibit B. AFPC/DPAPP recommends denial of his request for foreign service credit. DPAPP states a thorough review of his Master Personnel Records is not possible due to the fact they were destroyed. The applicant did not provide any evidence that he was stationed or had temporary duty (TDY) in Germany, or any other foreign location. The complete DPAPP evaluation, with attachments, is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 October 2009 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). _______________________________________________________________ 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. After a thorough review of the available evidence and the applicant’s complete submission, we find insufficient evidence which would lead us to believe the service dates recorded on his DD Form 214 are incorrect or in error. Therefore we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not provided sufficient evidence to substantiate his claim. Should he secure supporting documentation to substantiate otherwise, we would be willing to reconsider his application. In the absence of persuasive evidence to the contrary, we find no basis to recommend favorable consideration of his application. With respect to his other request, AFPC stated they will administratively correct his records to reflect his DOB as 16 May 1926. ________________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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 BC-2009-00811 in Executive Session on 9 December 2009 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 May 2008, w/atchs. Exhibit B. Letter, AFPC/DPSIPV, dated 27 August 2009. Exhibit C. Letter, AFPC/DPAPP, dated 22 October 2009. Exhibit D. Letter, SAF/MRBR, dated 30 October 2009. Panel Chair