RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01357
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His date of birth (DOB) be corrected in his official military personnel record from 6 Mar 67 to 28 Jan 66.
2. His social security number (SSN) be corrected in his official military personnel record from XXX-XX-XXXX to
XXX-XX-XXXX.
3. His official military personnel record be corrected to show that he was awarded the Air Force Achievement Medal (AFAM).
Examiners Note: The applicants AFAM was administratively corrected by AFPC/DPSOR. The award has been verified and no further action is required by the board in regards to the medal.
APPLICANT CONTENDS THAT:
His SSN and DOB were incorrectly transposed into his records through a clerical error.
In support of his appeal, the applicant submits his DD FM 214, Certificate of Release or Discharge from Active Duty, a copy of his passport, social security card, and drivers license reflecting his correct SSN and DOB.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial stating that there was no change to the DOB and SSN the applicant presented for enlistment and 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, we're unable to amend his military record after the fact. Based on the facts below they recommend this request be denied.
Air Force Instruction 36-2608, Military Personnel Records System, Table A7.5, Correction of Date of Birth, Note 3 states, "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 applicant's records revealed they enlisted, served and were discharged under the DOB "6 March 1967". This review also found an Air Force Form 281, Notification of Change in Service Member's Official Record, dated 3 September 2000, which indicated the applicant's DOB should be "6 March 1967."
Air Force Instruction 36-2608, Military Personnel Records System, Table A7.1, Note 1 states, "Do not correct records of former members unless evidence proves the SSN used while serving with the Air Force was erroneously recorded". A review of the applicant's personnel records revealed all documents containing their SSN have it documented as "076-54-5848".
AFPC/DPSIDR administratively corrected the applicants official military personnel record to reflect that he was awarded the AFAM for his service from 27 June 00 to 23 May 01. No further action is required.
A complete copy of the AFPC/DPSIRP and DPSIDR evaluations is at Exhibit C and D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 4 Oct 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E).
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 BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2014-01357 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Mar 14, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, AFPC/DPSIRP, dated 25 Apr 14.
Exhibit D. Letter, AFPC/DPSIDR, dated 7 Jul 14.
Exhibit E. Letter, SAF/MRBR, dated 4 Oct 14.
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