RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00811
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214, Enlisted Record and Report of Separation
Honorable Discharge, be changed to reflect his date of
enlistment (DOE) as 22 December 1944 rather than 22 December
1945.
2. His date of birth (DOB) be changed from 16 May 1927 to
16 May 1926. (Administratively corrected).
3. He receive Foreign Service credit for the time he served in
Germany.
________________________________________________________________
APPLICANT CONTENDS THAT:
His DOE was incorrectly recorded on his DD Form 214.
In support of his request, applicant provides copies of letters
from the Veterans Service Office/Department of the Army Review
Boards Agency, his birth certificate and DD Form 214.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were destroyed by
fire in 1973. Therefore, the facts surrounding his separation
cannot be verified. Data extracted from his reconstructed
records reflects he enlisted in the Armed Forces on 22 December
1945.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial of the applicants request for a
change of his DOE. DPSIPV states after a thorough review of the
discharge document he provided, item 39 shows 3 months and 11
days prior service and the dates of the latest immunizations in
item 35. The earliest immunization shown is 28 September 1945
and is prior to the 22 December 1945 enlistment date. DPSIPV
does not know when the prior service was performed and he did
not provide any documentation for his prior service. If it was
immediately prior to the 22 December 1945 enlistment, the
earliest date of service would be 11 September 1945. DPSIPV
states the applicant did not provide any documentation to
support his claim that the DOE was recorded incorrectly when he
was discharged in 1946. The 3 months and 11 days are already
documented on the discharge document.
The complete DPSIPV evaluation is at Exhibit B.
AFPC/DPAPP recommends denial of his request for foreign service
credit. DPAPP states a thorough review of his Master Personnel
Records is not possible due to the fact they were destroyed.
The applicant did not provide any evidence that he was stationed
or had temporary duty (TDY) in Germany, or any other foreign
location.
The complete DPAPP evaluation, with attachments, is at Exhibit
C.
_______________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 October 2009 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 applicants
complete submission, we find insufficient evidence which would
lead us to believe the service dates recorded on his DD Form
214 are incorrect or in error. Therefore we agree with the
opinions and recommendations of the Air Force office of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not provided sufficient
evidence to substantiate his claim. Should he secure
supporting documentation to substantiate otherwise, we would be
willing to reconsider his application. In the absence of
persuasive evidence to the contrary, we find no basis to
recommend favorable consideration of his application. With
respect to his other request, AFPC stated they will
administratively correct his records to reflect his DOB as
16 May 1926.
________________________________________________________________
THE BOARD DETERMINED 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 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 BC-2009-00811 in
Executive Session on 9 December 2009 under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 2008, w/atchs.
Exhibit B. Letter, AFPC/DPSIPV, dated 27 August 2009.
Exhibit C. Letter, AFPC/DPAPP, dated 22 October 2009.
Exhibit D. Letter, SAF/MRBR, dated 30 October 2009.
Panel Chair
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