RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-00208

		COUNSEL:  
	
		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

The official records reflecting his brother’s name and social security number (SSN) be corrected to reflect his name and SSN because he enlisted and served in the Air Force using his brother’s name and SSN during the Vietnam War.  He wants to be recognized as the Honorably discharged veteran he is, and to be eligible for Veteran’s benefits.  

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APPLICANT CONTENDS THAT:

He enlisted in 1967 under his brother Mark’s name and SSN and served in the Vietnam War.  His brother was in college at the time, and was not aware he had used his identifying information to enlist.  Today, his service-related mental disabilities prevent him from recalling why he enlisted under his brother’s name.  However, he was at Nakhon Phanom, Thailand when a substantial explosion occurred and he awoke in the base infirmary.  Soon after, he was evacuated to the U.S.  Now he is seeking correction of his records so he can seek psychotherapy for his service-related Post Traumatic Stress Disorder (PTSD).  

His contention he served under his brother’s name can be proven by:

      1.  His blood type is different than his brother’s.  Records show the individual who served in the Air Force has a blood type of “B+.”  The applicant has “B+” blood; however, his brother, whose name appears on all the records, has “AB+” blood. 

      2.  The fingerprints associated with the military records in question belong to the applicant.  His brother’s fingerprints are not the fingerprint’s which appear in the military records. 

In support of the applicant’s contention, his brother submitted a sworn notarized statement attesting to the fact that he himself has never served in the U.S. military. 

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The former member initially entered the Air Force on 13 Jun 67.  

On 26 Dec 70, he was found guilty in a Special Court Martial held at Nakhom Phanom Royal Thai Air Force Base, Thailand of violating Article 134 of the Uniform Code of Military Justice (UCMJ), specifically, for possession of marijuana.  

On 19 Nov 71, he was furnished an Under Honorable Conditions discharge, and credited with four years, five months, and seven days of active service.

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

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AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice.  To obtain relief, applicants must show by a preponderance of the evidence some error or injustice warranting corrective action by the board.  AFI 36-2608, Military Personnel Records System, allows the Air Force to make name and social security changes for prior service personnel if the data in question was recorded in error.  However, the applicant hasn’t provided sufficient evidence to establish an error in this case.  While the applicant’s brother (under whose name the applicant says he served) states his blood type and fingerprints don’t match those in the military record associated with his name, the applicant did not provide any analysis to support this statement.  Outside of the assertions of the applicant, his attorney, and his brother, the records do not show whether the applicant or his brother served in the Air Force.  While the applicant has indicated the Air Force can analyze blood and finger print information in the military records, the burden of proof is on the applicant to establish an error or injustice by the preponderance of the evidence.  

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 Jun 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the applicant contends that the fingerprints and blood type contained in the military records prove it was he who served in the Air Force and not his brother, we note that he did not submit any conclusive documentation from an appropriate authority validating his contention.  The applicant is reminded that this Board is not an investigative body and the burden of proof of an error or injustice rests with the applicant.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2012-00208 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member



The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-00208 was considered:

	Exhibit A.  DD Form 149, dated 27 Aug 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSIRP, dated 16 Jan 13.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 13.




                                   
                                   Panel Chair