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Decision Text

AF | BCMR | CY2014 | BC 2014 02974
Original file (BC 2014 02974.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02974
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His WD AGO Form 53, Enlistment Record and Report of Separation, 
be changed to reflect his Date of Birth (DOB) as 12 Aug 25, 
instead of 12 Aug 24.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge reflects an incorrect DOB. 

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

________________________________________________________________

STATEMENT OF FACTS:

According to the WD AGO Form 21, Enlistment Record Regular Army, 
dated 4 Jan 46, the applicant’s DOB is listed as 12 Aug 24 and 
the applicant signed the form acknowledging that the information 
was recorded correctly and are true in all respects.

According to the WD AGO Form 53, dated 4 Nov 48, the applicant’s 
DOB is recorded as 12 Aug 24 and this form contains the 
applicant’s signature.  

According to a certified copy of record of birth, provided by 
the applicant, dated 18 Aug 52, the applicant’s DOB is recorded 
as 12 Aug 25.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial.  Air Force Instruction 36-2608, 
Military Personnel Records System, Table A7.5, 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 he enlisted, served and was discharged under the DOB 
“12 Aug 24.”   Given that “12 Aug 24” 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.  

The complete 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 12 Jan 15 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
evidence of record, we find the application untimely.  The 
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.  The applicant has not shown a sufficient 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 untimely filing of this application. 

________________________________________________________________

DECISION OF THE BOARD:

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-2014-02974 in Executive Session on 17 Mar 15, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                     , Member
	                  , Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02974 was considered:

	Exhibit A.  DD Form 149, dated 18 Jul 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSIRP, dated 1 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 15.



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