RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04096

						COUNSEL:  NONE

						HEARING DESIRED:  NONE ANNOTATED 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from the Armed Forces of the United States, Block 10. Date of Birth, be changed from 15 September 1929 to 23 September 1929.  

APPLICANT CONTENDS THAT:

His date of birth is annotated incorrectly on his DD Form 214 as evident by the date on his birth certificate.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 May 1950.  

On 28 May 1954, the applicant was furnished an honorable discharge, and was credited with four years 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/DP2SSM recommends denial.  After review of the applicant’s official military personnel file, it was determined that he enlisted, served, and was discharged with his date of birth recorded as 15 September 1929.  

According to Air Force Instruction 36-2608, Military Personnel Records System, records of former members are not to be corrected unless evidence proves the date of birth used while serving with the Air Force was erroneously recorded.  

A complete copy of the AFPC/DP2SSM 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 12 October 2016 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-2015-04096 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04096 was considered:

	Exhibit A.  DD Form 149, dated 21 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 27 September                    
                 2016.
	Exhibit D.  Letter, AFBCMR, dated 12 October 2016.  

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.