RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05359
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect his date of birth (DOB) as
19 Jul 60 rather than 18 Jul 60.
APPLICANT CONTENDS THAT:
His DOB on his DD Form 214, Certificate of Release or Discharge
from Active Duty, is incorrect.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 16 Jul 84, the applicant commenced his service with the Regular
Air Force and served on active duty until 3 Jun 88, when he was
honorably discharged.
The applicants enlistment documents (DD Form 4, Enlistment/
Reenlistment Document, and AF Form 3007, Enlisted Agreement (Non-
Prior Service) United States Air Force), and his DD Form 214,
Certificate of Release or Discharge from Active Duty, dated 3 Jun
88, reflect his DOB as 18 Jul 60.
Under the provisions of AFI 36-2608, Military Personnel Records
Systems, the DOB of a former service member will not be corrected
unless there is evidence showing the DOB was erroneously recorded
while serving in the Air Force.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial indicating there is no evidence of
an error or an injustice noting a review of the applicants
military personnel records revealed he enlisted, served, and was
discharged under the DOB 18 Jul 60. There is no evidence the
applicants DOB was erroneously recorded or that a DOB change was
requested while on active duty. Therefore, since the applicant
has no continuing affiliation with the Air Force as a Reserve
member or retiree, his military record cannot be amended after the
fact.
A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 2 Jun 14 for review and comment within 30 days (Exhibit D). As
of this date, no response has been received by this office.
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 applicants 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.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the requested relief.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged error
or injustice was discovered as required by Title 10, United States
Code, Section 1552 and Air Force Instruction 36-2603.
Applicant has not shown a plausible reason for the delay in
filing, and we are not persuaded that the record raises issues of
error or injustice which require resolution on the merits. Thus,
we cannot conclude it would be in the interest of justice to
excuse the applicants failure to file in a timely manner.
The following members of the Board considered AFBCMR Docket Number
BC-2013-05359 in Executive Session on 23 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 6 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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