RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00005
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The date of birth (DOB) and rank be changed in his military personnel records and on his DD Form 214.

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APPLICANT CONTENDS THAT:

The information is incorrect and conflicts with other records and documents he must sign and attest to.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 February 1980 in the grade of airman first class (E-3) for a period of four years.  On the enlistment contract signed by the applicant at the time he enlisted in the Delayed Entry Program (DEP), it was indicated date of birth was XX February XXXX.  However, his Report of Medical Examination, completed by an examining physician on 24 September 1979, indicates his date of birth was XX March XXXX.

Following his successful completion of training, the applicant was assigned to duties as an Bomb-Navigation Systems Mechanic and received three Airman Performance Reports (APRs) closing 21 February 1981, 21 February 1982 and 21 February 1983, in which the overall evaluations were “9,” “9,” and “6.”  The applicant was promoted to the grade of senior airman (E-4), effective and with a date of rank of 1 September 1981.  He was appointed to Noncommissioned Officer (NCO) status, grade title sergeant, effective 1 September 1982.

On 25 January 1983, the commander signed a Letter of Noncreditable Service informing the applicant that the period of service from 15 December 1982 to 14 December 1983 was not creditable service for award of the Air Force Good Conduct Medal.  On 18 April 1983, the applicant was officially notified that he was ineligible to reenlist due to the following:  4I - Serving on Airman Control Roster Under AFR 35-22.  On 16 May 1983, the applicant’s supervisor initiated an AF Form 418, Selective Reenlistment/Noncommissioned Officer Status Consideration, recommending the applicant not be selected for reenlistment, stating that the applicant was not recommended for reenlistment at this time due to his failure to direct necessary attention to correct previously identified suggested improvements.  His commander nonselected him for reenlistment on 18 May 1983.  The applicant elected not to appeal this decision.  On 10 August 1983, the applicant was officially notified that he was ineligible to reenlist due to the following:  Vacation of NCO status, not selected for Selective Reenlistment Program.  He acknowledged receipt.

The applicant was honorably discharged on 20 September 1983 under the provisions of AFR 39-10 (FY 1983 Early Release Program - Involuntary).  A reenlistment eligibility (RE) code of 2X was assigned based on his nonselection for reenlistment.  His date of birth reflected on the separation document was XX February XXXX.  

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AIR FORCE EVALUATION:

AFPC/DPSFCM states that Air Force Instruction 36-2608, Military Personnel Records System, Table A7.4, Rule 1, states that a member may submit a DOB change request by providing the original or certified copy of the birth certificate.  Correspondence was sent to the applicant on 3 February 2004, requesting the required documents.  The applicant has failed to provide this office with the necessary documents.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 April 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  After reviewing the evidence of record, we note the applicant was notified that in order to complete an official change to his date of birth in his records he would need to send a certified copy (with raised Seal and/or original notary) or the original copy of his birth certificate.  However, he did not respond.  Without the requested documentation, they do not believe the applicant’s request should be granted.  In addition, they note the applicant was ineligible to reenlist due to the vacation of NCO status.  In view of the foregoing and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 23 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 9 Dec 03, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSFCM, dated 13 Apr 04.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Apr 04.

					Chair