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AF | BCMR | CY2009 | BC-2008-02710
Original file (BC-2008-02710.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-02710
            INDEX CODE: 128.14
      XXXXXXX                   COUNSEL:  NONE
                                  HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Social Security number (SSN) be corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He used an incorrect SSN while  he  was  in  the  service.   After  he  was
discharged from the Air Force he discovered his real SSN.  He is purchasing
a home and wants to use Department Veterans Affairs (DVA) benefits.

In support of his request the applicant provided  a  personal  statement,  a
copy of his DD Form 214, Certificate of Release  or  Discharge  from  Active
Duty and a copy of his Social Security card.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 26 Sep 79 for four years.  On  25
Sep 83, he was discharged in the grade of senior airman (E-4). He  served  a
total of four years on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSS recommends denial.  DPSS states the  source  document  provided
does not meet the legal requirements for a correction of his  records.   Air
Force Instruction 36–2608, Military Personnel Records System,  allows  these
changes if it is shown the Air Force erroneously recorded  the  data.   DPSS
asked the applicant by letter to provide a letter from the  Social  Security
Administration stating his SSN reflected the requested change  at  the  time
of his enlistment.  DPSS advised him that upon receipt, the change would  be
made as requested.  The  applicant  has  failed  to  provide  the  necessary
documents.


The complete DPSS evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24  Oct
08, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit C).

_________________________________________________________________

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.   After  a  thorough  review  of  the
available evidence and  the  applicant’s  complete  submission,  we  cannot
confirm that his SSN is in error without official correspondence  from  the
Social Security Administration.  Should he secure  such  documentation,  we
would be willing to reconsider his appeal.  Therefore, we  agree  with  the
opinion  and  recommendation  of  the   Air   Force   office   of   primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error  or  injustice.   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 an 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-2008-
02710 in Executive Session on 11 December 2008, under the provisions of  AFI
36-2603:

                 Mr.  Gregory A. Parker, Panel Chair
                 Ms.  Janet I. Hassan, Member
                 Mr.  Anthony P. Reardon, Member

The following documentary evidence pertaining AFBCMR Docket Number  BC-2008-
02710 was considered:

   Exhibit A.  DD Form 149, dated 24 Jun 08, w/atchs.
   Exhibit B.  Letter, AFPC/DPSS dated 6 Oct 08, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 24 Oct 08.




                                        GREGORY A. PARKER
                                        Panel Chair

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