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 applicants 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 applicants 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 applicants
DOB is recorded as 12 Aug 24 and this form contains the
applicants signature.
According to a certified copy of record of birth, provided by
the applicant, dated 18 Aug 52, the applicants 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 applicants 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 applicants 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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