Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-00096
Original file (BC-2007-00096.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-00096
            INDEX CODE: 128.14
      XXXXXXX                COUNSEL:  NONE
                                  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His mother's name on his SF Form 89, Report of Medical  History,  block
14, be changed to reflect his birth mother.

2.  His mother's health status on his SF Form 89, block 18, be  changed  to
reflect deceased.

3.  His race on his NGB Form 22, National Guard Bureau Report of Separation
and Record of Service, block 13, be changed to reflect white.

4.  His hair color on his NGB Form 22, block  17,  be  changed  to  reflect
black.

5.  His education (years of college) on his  NGB  Form  22,  block  28,  be
changed to reflect 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After he had provided this information, he discovered the  truth  from  his
official birth certificate.

In support of his  request  the  applicant  provided  copies  of  his  birth
certificate, SF Form 89, NGB Form 22, and his college diploma.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the California Air National  Guard  on  25 Sep  69
for six years.

On 24 Sep 75, he was discharged in the grade of sergeant (E-4).

He served a total of six years on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends partial approval.  A1PS states  the  applicant  provided
substantial documentation to correct his NGB Form 22 and they have made  the
corrections.  A1PS states his request to  change  his  SF  Form  89  is  not
standard practice and cannot make a recommendation.

The complete A1PS evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Nov
07 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit C).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  a  partial  grant.   The  Medical
Consultant expressed concern over the unusual nature of  the  alleged  gross
errors  (e.g.,  mother’s  name)  in  the   applicant's   military   records;
particularly in the context of today's technological advances in  electronic
document reproduction and transmission  for  secondary  gain.   The  Medical
Consultant has no objective basis upon which  to  suspect  mischief  in  the
applicant's  submission  of   the   requested   changes,   considering   the
documentary evidence he has provided and  the  corrective  measures  already
recommended on his behalf by an official  of  the  California  Air  National
Guard.   However,  addressing  a  change  in  the  health  status   of   the
applicant's mother, the Medical  Consultant  has  no  objective  basis  upon
which to validate that an error took place by the entry, “Good,"  to  depict
the health status of the applicant's mother at the time  of  his  completion
of  his  SF  Form  89.   The  Medical  Consultant  finds  this  particularly
important, since immediately above the allegedly errant written entry  there
is a statement,  also  in  written  form  and  presumably  provided  by  the
applicant, which reads, "I am in good health.”  The  Medical  Consultant  is
of the opinion that the correction of the  name  of  the  applicant's  birth
mother should be granted.  His race should be  annotated  as  a  “White”  or
“Caucasian.”  His education  should  be  changed  to  reflect  “2  years  of
college,” and his hair color  should  be  changed  to  “Black.”   While  the
applicant's mother may be deceased at this time, the entry  presumably  made
by him at the time of completion of his SF Form 89 on 20 Mar 71  listed  the
state of his mother's health as “Good.”  Absent a certificate of death  that
reflects an error took place at the time of completion  of  the  applicant's
SF Form 89 under review, no change under item number 15 is recommended.

The complete Medical Consultant evaluation, with attachments, is at  Exhibit
D.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant responded stating the entry he made on 20 Mar 71 which  listed
the state of his mother's health as  "Good"  was  in  reference  to  someone
other than his mother.  Assuming the request to correct  his  mother's  name
is approved, the word "deceased" would be applicable.  He regrets he has  no
death certificate.  He also  states  the  block  number  on  the  SF  89  is
actually block 18 rather than block 15 as previously stated.

The complete response is attached at Exhibit F.

_________________________________________________________________

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.   The  applicant  is  requesting  his
mother's name and health status be changed on his  SF  Form  89.   After  a
thorough  review  of  the  available  evidence,  the  applicant’s  complete
submission and notwithstanding  the  recommendation  of  the  BCMR  Medical
Consultant, we cannot consciously change his records without official death
and birth certificates.  Should he secure this documentation, we  would  be
willing to reconsider his application.   Accordingly,  in  the  absence  of
persuasive evidence to  the  contrary,  we  find  no  compelling  basis  to
recommend favorable consideration of his application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of a material error or injustice; that  the  application  was
denied without a personal appearance; and  the  application  will  only  be
reconsidered upon the submission of newly discovered relevant  evidence  no
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00096 in Executive Session on 27 Mar 08, under the  provisions  of  AFI  36-
2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Dec 06, w/atchs.
   Exhibit B.  Letter, NBG/A1PS, dated 19 Nov 07, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 30 Nov 07.
   Exhibit D.  Letter, BCMR Medical Consultant, dated 25 Feb 08.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Feb 08.




                                        GREGORY A. PARKER
                                        Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01540

    Original file (BC-2004-01540.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01540 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. On 16 August 2004, the servicemember was provided the opportunity to respond to the FBI investigation within 14 days (Exhibit E). ...

  • AF | BCMR | CY2011 | BC-2011-00641

    Original file (BC-2011-00641.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00641 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His reason for separation (Erroneous Enlistment (Medical Conditions)) along with the corresponding Separation Program Designator (SPD) code of “J95” be changed; and that his Reenlistment Eligibility (RE) status of “Ineligible” be changed to...

  • AF | BCMR | CY2011 | BC-2011-00209

    Original file (BC-2011-00209.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00209 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code be changed to one that will allow him to re-enter the military. The Medical Consultant lauds the applicant’s desire to once again serve, and the support he has received from his parents, an employer, his youth pastor, and a...

  • ARMY | BCMR | CY2013 | 20130006966

    Original file (20130006966.txt) Auto-classification: Approved

    The applicant states the SSN and race shown on his DD Form 214 are incorrect. The applicant's record contains the following documents showing his SSN as recorded on his Social Security card: * DA Form 20 (Enlisted Qualification Record), prepared and last audited by the applicant on 16 June 1967 * DA Form 2139 (Military Pay Voucher) for the period 21 July to 3 August 1968 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • AF | BCMR | CY2008 | BC-2007-02745

    Original file (BC-2007-02745.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02745 INDEX CODE: 112.10 XXXXXXX COUNSEL: NO HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His separation program designator (SPD) code of "JFX" (Personality Disorder) and his reentry code of "2C" (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) on his...

  • AF | BCMR | CY2011 | BC-2011-04598

    Original file (BC-2011-04598.txt) Auto-classification: Approved

    The mental health evaluation found the applicant as having an Adjustment Disorder (“Axis I: No diagnosis”). His diagnosis, by itself, does not automatically disqualify him from flight duties, although it cannot be determined if the Axis II diagnosis of personality trait affects him sufficiently that he cannot qualify to fly military aircraft. Further, the applicant did not have a medical condition that disqualified him from flight duties as an aviator, as noted by the BCMR Medical Advisor.

  • AF | BCMR | CY2011 | BC-2011-00326

    Original file (BC-2011-00326.txt) Auto-classification: Approved

    The complete A1PS evaluations are at Exhibits C and D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the record be corrected to reflect the applicant was on active duty status (medical hold) from 16 April 2008 through 11 January 2010 to coincide with its final determination and the transfer order to Inactive Status List Reserve Section (ISLRS) for the purpose of retirement in lieu of discharge. The...

  • AF | BCMR | CY2008 | BC-2007-01247

    Original file (BC-2007-01247.DOC) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: Air Force Instruction (AFI) 36-3212, Physical Evaluation for Retention, Retirement, and Separation, paragraph 4.5, states that members undergoing an MEB must not be retired, discharged, or released from active duty for any reason until notification is received from the Secretary of the Air Force (SECAF). The applicant’s complete response, with attachments, is at Exhibit...

  • ARMY | BCMR | CY2006 | 20060000770C070205

    Original file (20060000770C070205.doc) Auto-classification: Denied

    David K. Haasenritter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show his race as Native American. The fact that he now wishes to honor only the Native American heritage is insufficient reason to warrant a correction of the records.

  • AF | BCMR | CY2005 | BC-2005-01610

    Original file (BC-2005-01610.doc) Auto-classification: Approved

    Also, the applicant’s mother was not informed by the military of the need to file any paperwork to claim these benefits, nor was she aware that they even existed. Applicant's complete response is attached at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states it is unlikely that the applicant’s mother knowingly decided to forgo SBP benefits. After thoroughly reviewing the documentation submitted...