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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