RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02820

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

His Date of Birth (DOB) be corrected to reflect 30 August 1926 versus 14 June 1925.

APPLICANT CONTENDS THAT:

His DOB was adjusted for enlistment purposes.

In support of his request, the applicant provides a copy of his birth certificate.  

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

STATEMENT OF FACTS:

On 18 Aug 44, the applicant was inducted into the United States Army. 
 
According to DSS Form 221, Report of Physical Examination and Induction, dated 14 Jul 44, the applicant’s DOB reflects 14 Jun 25.

According to the applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge for the period 18 Aug 44 – 3 Jul 46, the applicant’s DOB reflects 14 Jun 25.

According to the applicant’s WD AGO Form 53-55, for the period 3 Jul 46 – 13 Dec 46, the applicant’s DOB reflects 14 Jun 25.

According to the applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States for the period 14 Dec 46 – 7 Feb 50, the applicant’s DOB reflects 14 Jun 25.  

According to the applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States for the period 27 Nov 51 – 26 Nov 55, the applicant’s DOB reflects 14 Jun 25.  

According to the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge for the period 23 Dec 55 – 22 Dec 61, the applicant’s DOB reflects 14 Jun 25.  

According to the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge for the period 23 Dec 61 – 31 Dec 66, his DOB reflects 14 Jun 25.

According to the applicant’s Retirement Order, special order AC-24894, dated 26 Oct 66, his DOB reflects 14 Jun 25. 

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial.  After a thorough review of the applicant’s service and medical records they determined the applicant enlisted, served and was discharged with a DOB of 14 June 1925.  

In accordance with AFI 36-2608, Military Personnel Records, table A7.5, Correction to the Date of Birth, note 3, states “Do not correct records of former members unless evidence proves the DOB 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 evaluation was forwarded to the applicant on 8 Dec 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  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.

2.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably 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 AFBCMR Docket Number BC-2015-02820 in Executive Session on 27 Sep 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jun 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 25 Sep 15.
	Exhibit D.  Letter, AFBCMR, dated 8 Dec 15.

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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.