RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00242
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Date of Birth (DOB) reflected in Block 6 of his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from 30 Dec 38 to 28 Dec 38.
APPLICANT CONTENDS THAT:
His DOB reflected on his DD Form 214 is incorrect.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 15 Aug 57.
On 13 Aug 65, the applicant was furnished an honorable discharge, and was credited with 7 years, 11 months, and 29 days of total active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. Air Force Instruction (AFI) 36-2608, Military Personnel Record System, Tab A7.5, Correction of DOB, Note 3 reads Do not correct records of former members unless evidence proves the date of birth used while serving with the Air Force was erroneously recorded. A review of the applicants records revealed he enlisted, served, and was discharged with the DOB of 30 Dec 38. As 30 Dec 38 was the DOB the applicant presented for enlistment and there was no change to his DOB during his enlistment, it does not appear to have been erroneously recorded. Accordingly, as the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, his records cannot be administratively amended after that point in time.
A complete copy of the AFPC/DPSIRP evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 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. While the applicant has presented a copy of his social security card in support of his application, in the absence of any evidence, such as his birth certificate, with which we can verify that his date of birth was erroneously recorded, we find the documentation presented by the applicant insufficient to recommend that relief be granted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-00242 in Executive Session on 11 Dec 14 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 6 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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