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  
## ### ### rather than ## ### ###.


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 
## ### ###.


AIR FORCE EVALUATION:

AFPC/DPSID states that no action is required regarding the 
applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 
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 applicant’s 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.  Applicant’s 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.