RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04879

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect the name on his 12 Jul 60 Amended Birth Certificate.  

APPLICANT CONTENDS THAT:

His birth certificate was corrected in 1960 to reflect his given name at birth.  Now he is having difficulty obtaining veteran’s benefits because of the discrepancy between his current personal identification and his DD Form 214.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Feb 58.

On 12 Apr 60, the applicant was furnished a general (under honorable conditions) discharge.

On 12 Dec 14, AFBCMR advised the applicant they were closing his application to the AFBCMR as it was a nonviable application (no support documentation).  His application stated he included his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, as supportive documentation, but it was missing. (Exhibit C).  

On 9 Nov 15, AFBCMR received support documentation from the applicant.  A Floyd County Veterans memorandum, dated 24 Dec 14, indicated the applicant’s DD Form 214 had been destroyed in the NPRC fire of 1973, and all he had was a Certificate of Military Service. (Exhibit D).  

On 29 Feb 16, AFBCMR reopened the applicant’s case.     

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E.    

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  AFI 36-2608, Military Personnel Records System, Table A7.3, Note 5, states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.”  The applicant’s service dates per the submitted NA Form 13038, Certification of Military Service, was from 13 Feb 58 through 12 Apr 60.  The applicant enlisted, served, and was discharged under the name listed on his NA Form 13038.  The applicant submitted as evidence his Amended Standard Certificate of Birth from Iowa State Department of Health, dated 12 Jul 60, three months after his discharge.  

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant opined that the name he used during his time in the service was wrongly inputted when he entered the service.  That was the time the error occurred.  He closed by saying that he has no additional records to submit in support of his requested relief.

A complete copy of the Applicant’s Rebuttal is at Exhibit G.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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 AFBCMR Docket Number BC-2014-04879 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04879 was considered:

	Exhibit A.  DD Form 149, dated 25 Nov 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Nonviable/Admin Close Letter, SAF/MRBR, dated
			  12 Dec 14.  
	Exhibit D.  Support Documentation, Applicant, received
  9 Nov 15.  
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 23 Mar 16.
	Exhibit F.  Letter, SAF/MRBR, dated 4 May 16.
	Exhibit G.  Applicant’s Rebuttal, dated 18 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.