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AF | BCMR | CY2001 | 0002291
Original file (0002291.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02291
            INDEX CODE: 100.02

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of birth be corrected on his DD Form 214.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Records  Procedures  Section,  Directorate  of  Operations,
AFPC/DPSAMP, reviewed  the  application  and  states  that  since  the
applicant  is  affiliated  with  the  Air  Force  as  a  retiree,  the
correction he is requesting can be made providing he submits  a  birth
certificate to verify his date of birth.  DPSAMP forwarded a letter to
the applicant requesting a copy of his birth certificate, however,  as
of this date the applicant has not provided the required verification.
 Therefore, they recommend denying the applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  that  he
does not have a birth certificate.  He presumes his birth  certificate
was destroyed when his birthplace was liberated by U.S.  Forces.   The
applicant says he was 22 years old when he  arrived  in  the  U.S.  to
continue college in Jun 54.  The applicant states when he enlisted  in
the Air Force he inadvertently wrote his date of birth as 14  Nov  36.
He discovered the error shortly  thereafter  and  took  no  action  to
correct the error until now.

Applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence  of  probable  error  or  injustice.   After  thoroughly
reviewing  the  applicant’s  submittal,  we  are  persuaded  that   he
inadvertently indicated an incorrect date of birth when he enlisted in
the Regular Air Force.  Although  it  is  somewhat  puzzling  why  the
applicant waited so long to request this correction, it  appears  that
based on his current military retired  identification  (ID)  card  and
documentation from the Social Security  Administration,  his  year  of
birth is 1933, rather than 1936.  In view of the foregoing, we believe
that any doubt concerning the applicant’s  year  of  birth  should  be
resolved in  his  favor.   Therefore,  we  recommend  his  records  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT be corrected to show his date of  birth  as  14
Nov 33 rather than 14 Nov 36.

_________________________________________________________________

The following members of the Board  considered  this  application  in
Executive Session on 14 Mar 01, under the provisions of AFI 36-2603:

                 Mr. Terry A. Yonkers, Panel Chair
                 Ms. Carolyn J. Watkins, Member
                 Mr. John E. Pettit, Member

All members voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Aug 00, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSAMP, dated 10 Jan 01, w/atch.
      Exhibit D. Letter, SAF/MIBR, dated 26 Jan 01.
      Exhibit E. Applicant’s Response, undated, w/atchs.




                                TERRY A. YONKERS
                                Panel Chair







AFBCMR 00-02291




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, SSN, be corrected to show his date of
birth as 14 Nov 33 rather than 14 Nov 36.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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