RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01815

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected in item 5 (Date of Birth), to reflect 18 October 1948 rather than 7 October 1948.

APPLICANT CONTENDS THAT:

His DD Form 214 reflects the incorrect date of birth.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 January 1967.

On 31 January 1993, the applicant was relieved from active duty and retired on 1 February 1993, in the grade of senior master sergeant under the provisions of AFR 35-7 (Voluntary Retirement for Maximum Service Allowed by Policy).  He served 26 years and 8 days of active service.

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 C.

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice.

The applicant provided a certified copy of his birth certificate that reflects a date of birth of 18 October 1948; however, the official military personnel file (OMPF) provided reflects a date of birth of 7 October 1948 throughout the entire record.

Air Force Instruction 36-2680 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 complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 31 July 2015 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice.  Therefore, we find no basis to recommend granting relief sought in this application.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2015-01815 in Executive Session on 15 March 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01815 was considered:

	Exhibit A.  DD Form 149, dated 26 April 2015, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 15 July 2015.
	Exhibit D.  Letter, AFBCMR, dated 31 July 2015.