RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01970
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Date of Birth (DOB) on his DD Form 214, Report of Transfer
or Discharge, issued in conjunction with his 5 September 1963
separation be changed from 10 December 1939 to 15 July 1939.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The error was made at the time of separation.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was enlisted in the Regular Air Force on
28 February 1956 for a period of four years. He was honorably
discharged, on 27 February 1960 for the purpose of immediate
reenlistment.
On 28 February 1960, the applicant reenlisted for a period of
four years. On 5 September 1963, he was honorably discharged on
under the provisions of AFR 39-14 and credited with 7 years,
6 months, and 10 days of active duty service.
The applicants DD Form 4, Enlistment Record, dated
28 February 1956 and his DD Form 214, dated 27 February 1960
lists his DOB as 10 February 1939. The DD Form 4, dated
28 February 1960 and his DD Form 214, dated 5 September 1963
list his DOB as 10 December 1939.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial, stating, in part, AFI 36-2609, Military Personnel Records System, permits changes to be made
for former members if its shown that the Air Force erroneously
recorded the data in question when the veteran enlisted.
Additionally, Table A7 requires the source document for the
requested change be either the original or a certified/notarized
copy of the original.
DPSIRP advised the applicant, by letter, to resubmit his request
for reconsideration, with a certified/notarized copy of his
birth certificate. However, he did not respond.
A review of the applicants record revealed his original
enlistment contract and DD Form 214, reflects a DOB of
10 February 1939. The review also reflects that his second
enlistment and DD Form 214 records his DOB as 10 December 1939.
No documentation was found in his record reflecting a DOB of
15 July 1939.
The complete AFPC/DPSIRP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 October 2010 for review and comment within
30 days. As of this date, no response has been received by this
office Exhibit D.
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, 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. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-01970 in Executive Session on 6 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 May 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 28 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10.
Vice Chair
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