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AF | BCMR | CY2007 | BC-2007-01983
Original file (BC-2007-01983.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01983
                       INDEX CODE:  131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 MAY 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His late twin  brother’s  records  be  corrected  to  reflect  he  was
promoted to the grade of lieutenant colonel.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given his late twin brother’s identification number by  mistake
and President Ford requested the promotion to lieutenant colonel.

In support of  his  appeal  the  applicant  submitted  a  copy  of  his
brother’s death certificate.

Applicant's complete submission, with an attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 May 44, the late servicemember entered active duty as  a  second
lieutenant.  He was relieved from  active  duty  on  25 Sep 45,  as  a
second lieutenant and retained his Reserve commission.

On 12 Apr 53, the late servicemember entered active duty as  a  second
lieutenant.  He applied for release from active duty and was  released
as a captain on 20 Nov 58 and placed in the Standby Reserve.

On 8 Dec 60, he was transferred to the Inactive  Status  List  Reserve
Section (ISLRS) due to his failure to meet  the  minimum  requirements
for retention in an active status.

On 4 Nov 69, the  late  servicemember  applied  for  transfer  to  the
Retired Reserve and was assigned to the Retired Reserve  List  in  the
grade of captain, effective 1 Dec 69.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the requested relief be denied.  DPPPO states
a thorough review of the late servicemember’s record was conducted and
there is no indication that he was given his brother’s  identification
number in error.  Furthermore, there is no evidence that indicates  he
was ever promoted to major or recommended for promotion to  lieutenant
colonel  by  President  Ford.    The   applicant   has   provided   no
documentation to support his request.  The application is untimely and
the applicant has failed to prove an  error  an  injustice  warranting
relief.

AFPC/DPPPO’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Aug 07, for review and response within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not  filed  within  three  years  after  the
alleged  error  or  injustice  was  discovered,  or  could  have  been
discovered, as required by Section 1552, Title 10, United States  Code
(10 USC 1552),  and  Air  Force  Instruction  36-2603.   Although  the
applicant asserts a date of discovery which would, if applicable, make
the application timely, the essential facts which  give  rise  to  the
application were known to the applicant long before the asserted  date
of discovery.  Knowledge  of  those  facts  constituted  the  date  of
discovery and the beginning  of  the  three-year  period  for  filing.
Thus, the application is untimely.

3.    Paragraph b of 10 USC 1552 permits us,  in  our  discretion,  to
excuse untimely filing in the interest of justice.  We have
carefully reviewed applicant's submission and the entire  record,  and
we do not find a sufficient basis to excuse  the  untimely  filing  of
this application.  The applicant has not shown a plausible reason  for
delay in filing, and we are  not  persuaded  that  the  record  raises
issues of error or injustice that require resolution  on  its  merits.
Accordingly, we conclude that it would  not  be  in  the  interest  of
justice to excuse the untimely filing of the 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 11 Oct 07, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. B J White-Olson, Member
                       Mr. Mark J. Novitski, Member

The following  documentary  evidence  pertaining  to  AFBCMR  Docket
Number BC-2007-01983 was considered:

   Exhibit A.  DD Form 149, dated 3 May 07 w/atchs.
   Exhibit B.  Master Military Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 25 Jul 07.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.




                             WAYNE R. GRACIE
                             Panel Chair

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