RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01430
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. The Good Conduct Medal be added to his records.
(Administratively corrected)
2. His records be corrected to reflect his rank as airman first
class (E-3) rather than airman basic (E-1).
3. His records be corrected to reflect his service number as
## ### 844 rather than ## ### 884.
APPLICANT CONTENDS THAT:
The incorrect rank and service number are affecting his
Department of Veterans Affairs (DVA) benefits.
The Board should find it in the interest of justice to consider
his untimely application because not correcting his record
affects his DVA treatment.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to his NA Form 13038, United States of America
Certification of Military Service, the applicant served in the
Air Force from 5 June 1951 to 13 May 1955 and was honorably
discharged in the rank of airman basic. His service number is
## ### 884.
AIR FORCE EVALUATION:
AFPC/DPSID states that no action is required regarding the
applicants request for the Good Conduct Medal. Although his
official military personnel record was in the area that suffered
the most damage in the fire at the National Personnel Records
Center (NPRC) on 12 July 1973, DPSID was able to verify the
applicant's entitlement to the Good Conduct Medal and the
National Defense Service Medal.
The complete DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial of the applicants request to
change his rank to airman first class. The applicant's records
were destroyed by fire at the NPRC in 1973. Without a promotion
order or financial records; DPSOE cannot verify if the applicant
was promoted to the rank of airman first class and should have
been discharged in that grade. Moreover, the Air Force does not
have authority to make changes to the NA Form 13038.
The complete DPSOE evaluation is at Exhibit D.
AFPC/DPSIRP recommends denial of the applicants request to
change his service number. The NA Form 13038 was completed and
issued by the NPRC; therefore, the Air Force does not have the
authority to make changes to this document. Any corrections
should be addressed by the NPRC.
The complete DPSIRP evaluation is at Exhibit E.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 18 December 2014, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit F).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the evidence of record, we find
the application untimely. With regard to the applicants
request that his rank be changed, he 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. The applicant has not shown a
sufficient reason for the delay in filing on a matter now dating
back almost 60 years. There are no records available to address
whether the applicant was promoted to the grade of E-3.
Consequently, the Air Force cannot defend a position against the
merits of the case without the information. We note that the
applicant requests to amend his NA Form 13038. However, as
pointed out by DPSIRP, this request is outside our purview. In
view of the above, we cannot conclude it would be in the
interest of justice to excuse the applicants failure to file in
a timely manner. Therefore any relief beyond that already
granted administratively will not be considered.
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 this application
in Executive Session on 12 March 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
01430 was considered:
Exhibit A. DD Form 149, dated 1 April 2014.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 7 July 2014.
Exhibit D. Letter, AFPC/DPSOE, dated 16 October 2014.
Exhibit E. Letter, AFPC/DPSIRP, dated 24 November 2014.
Exhibit F. Letter, SAF/MRBR, dated 8 December 2014.
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