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AF | BCMR | CY2004 | BC-2004-00005
Original file (BC-2004-00005.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00005
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of birth (DOB) and rank be changed in his military  personnel
records and on his DD Form 214.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The information is incorrect and  conflicts  with  other  records  and
documents he must sign and attest to.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 February 1980 in the
grade of airman first class (E-3) for a period of four years.  On  the
enlistment contract signed by the applicant at the time he enlisted in
the Delayed Entry Program (DEP), it was indicated date of birth was 21
February 1959.  However, his Report of Medical Examination,  completed
by an examining physician on 24 September 1979, indicates his date  of
birth was 21 March 1959.

Following his successful completion of  training,  the  applicant  was
assigned to duties as an Bomb-Navigation Systems Mechanic and received
three Airman Performance Reports (APRs) closing 21 February  1981,  21
February 1982 and 21 February 1983, in which the  overall  evaluations
were “9,” “9,” and “6.”  The applicant was promoted to  the  grade  of
senior airman (E-4), effective and with a date of rank of 1  September
1981.  He was appointed to Noncommissioned Officer (NCO) status, grade
title sergeant, effective 1 September 1982.

On 25 January 1983, the commander signed  a  Letter  of  Noncreditable
Service informing the applicant that the period  of  service  from  15
December 1982 to 14 December 1983 was not creditable service for award
of the Air Force Good Conduct Medal.  On 18 April 1983, the  applicant
was officially notified that he was ineligible to reenlist due to  the
following:  4I - Serving on Airman Control Roster Under AFR 35-22.  On
16 May 1983, the applicant’s supervisor  initiated  an  AF  Form  418,
Selective Reenlistment/Noncommissioned Officer  Status  Consideration,
recommending the applicant not be selected for  reenlistment,  stating
that the applicant was not recommended for reenlistment at  this  time
due to his failure to direct necessary attention to correct previously
identified suggested improvements.  His commander nonselected him  for
reenlistment on 18 May 1983.  The applicant elected not to appeal this
decision.  On 10 August 1983, the applicant  was  officially  notified
that he was ineligible to reenlist due to the following:  Vacation  of
NCO status, not  selected  for  Selective  Reenlistment  Program.   He
acknowledged receipt.

The applicant was honorably discharged on 20 September 1983 under  the
provisions of AFR 39-10 (FY 1983 Early Release Program - Involuntary).
 A reenlistment eligibility (RE) code of 2X was assigned based on  his
nonselection for reenlistment.  His date of  birth  reflected  on  the
separation document was 21 February 1959.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFCM  states  that  Air  Force  Instruction  36-2608,  Military
Personnel Records System, Table A7.4, Rule 1, states that a member may
submit a DOB change request by providing  the  original  or  certified
copy of  the  birth  certificate.   Correspondence  was  sent  to  the
applicant on 3 February 2004, requesting the required documents.   The
applicant has  failed  to  provide  this  office  with  the  necessary
documents.  Therefore, they recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 April 2004, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 reviewing the evidence  of
record, we note the applicant was notified that in order  to  complete
an official change to his date of birth in his records he  would  need
to send a certified copy (with raised Seal and/or original notary)  or
the original copy of his  birth  certificate.   However,  he  did  not
respond.  Without the requested documentation, they do not believe the
applicant’s request should be granted.  In  addition,  they  note  the
applicant was ineligible to  reenlist  due  to  the  vacation  of  NCO
status.  In view of the foregoing and in the absence  of  evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

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  this  application  in
Executive Session on 23 June 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Cheryl V. Jacobson, Member
                       Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Dec 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSFCM, dated 13 Apr 04.
      Exhibit D. Letter, SAF/MRBR, dated 16 Apr 04.




                             THOMAS S. MARKIEWICZ
                             Chair

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