RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01854

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Social Security Number (SSN) on his DD Form 214, Report of Separation from Active Duty, be corrected.

APPLICANT CONTENDS THAT:

He was giving someone else’s SSN.  He has a new SSN and the wrong SSN is reflected on his DD Form 214.

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

STATEMENT OF FACTS:

On 18 May 71, the applicant initially entered the Regular Air Force.

On 16 May 75, the applicant was furnished an Honorable discharge and credited with 3 years, 11 months, and 29 days active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of error or injustice.

Air Force Instruction 36-2608, Military Personnel Records System, Table A7.1, Note 1, states, “Do not correct records of former members unless evidence proves the social security number used while serving with the Air Force was erroneously recorded.”

The documentation provided is not sufficient to support the applicant’s claim and does not prove an error or injustice.

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

AFPC/DP2STM recommends denial, indicating there is no evidence of error or injustice.

Air Force Manual 35-6 requires the social security number (SSN) on the DD Form 214 match the SSN as recorded in the member’s Master Personnel Record.  A review of the applicant’s enlistment contract, as well as over 40 pages of military documents to include personnel and medical records, insurance documents, and others, clearly indicates the consistent use of the SSN on the applicant’s DD Form 214.

Within the Enlistment Contract, the applicant initialed and signed that, “… any of that information is false or incorrect … I may be tried by a Federal, civilian or military court and if found guilty, may be punished.”  Should it be found the applicant enlisted under false documentation, the individual’s military records and service time become subject to fraudulent service and review.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations, Exhibits C and E, were forwarded to the applicant on 28 Feb 17 and 27 Jun 17, respectively, for review and comment within 30 days.  As of this date, no response has been received by this office.

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 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-2016-01854 in Executive Session on 8 Aug 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01854 was considered:

	Exhibit A.  DD Form 149, dated 4 May 16, w/atch.
	Exhibit B.  Applicant’s Master Personnel Record.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 17 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 28 Feb 17, w/atch.
	Exhibit E.  Memorandum, AFPC/DP2STM, dated 23 Jun 17.
	Exhibit F.  Letter, AFBCMR, dated 27 Jun 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, regarding AFBCMR Docket Number BC-2016-01854, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.