RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01983
				INDEX CODE:  131.00

				COUNSEL:  NONE

				HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 MAY 08

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APPLICANT REQUESTS THAT:

His late twin brother’s records be corrected to reflect he was promoted to the grade of lieutenant colonel.

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APPLICANT CONTENDS THAT:

He was given his late twin brother’s identification number by mistake and President Ford requested the promotion to lieutenant colonel.

In support of his appeal the applicant submitted a copy of his brother’s death certificate.

Applicant's complete submission, with an attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 23 May 44, the late servicemember entered active duty as a second lieutenant.  He was relieved from active duty on 25 Sep 45, as a second lieutenant and retained his Reserve commission.

On 12 Apr 53, the late servicemember entered active duty as a second lieutenant.  He applied for release from active duty and was released as a captain on 20 Nov 58 and placed in the Standby Reserve.

On 8 Dec 60, he was transferred to the Inactive Status List Reserve Section (ISLRS) due to his failure to meet the minimum requirements for retention in an active status.

On 4 Nov 69, the late servicemember applied for transfer to the Retired Reserve and was assigned to the Retired Reserve List in the grade of captain, effective 1 Dec 69.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the requested relief be denied.  DPPPO states a thorough review of the late servicemember’s record was conducted and there is no indication that he was given his brother’s identification number in error.  Furthermore, there is no evidence that indicates he was ever promoted to major or recommended for promotion to lieutenant colonel by President Ford.  The applicant has provided no documentation to support his request.  The application is untimely and the applicant has failed to prove an error an injustice warranting relief.

AFPC/DPPPO’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 Aug 07, for review and response within 30 days.  As of this date, no response has been received by this office. 

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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 filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603.  Although the applicant asserts a date of discovery which would, if applicable, make the application timely, the essential facts which give rise to the application were known to the applicant long before the asserted date of discovery.  Knowledge of those facts constituted the date of discovery and the beginning of the three-year period for filing.  Thus, the application is untimely. 

3.	Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice.  We have 
carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application.  The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice that require resolution on its merits.  Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the 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 11 Oct 07, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01983 was considered:

   Exhibit A.  DD Form 149, dated 3 May 07 w/atchs.
   Exhibit B.  Master Military Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 25 Jul 07.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.