RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01970 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Date of Birth (DOB) on his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 5 September 1963 separation be changed from “10 December 1939” to “15 July 1939.” ________________________________________________________________ THE APPLICANT CONTENDS THAT: The error was made at the time of separation. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was enlisted in the Regular Air Force on 28 February 1956 for a period of four years. He was honorably discharged, on 27 February 1960 for the purpose of immediate reenlistment. On 28 February 1960, the applicant reenlisted for a period of four years. On 5 September 1963, he was honorably discharged on under the provisions of AFR 39-14 and credited with 7 years, 6 months, and 10 days of active duty service. The applicant’s DD Form 4, Enlistment Record, dated 28 February 1956 and his DD Form 214, dated 27 February 1960 lists his DOB as “10 February 1939.” The DD Form 4, dated 28 February 1960 and his DD Form 214, dated 5 September 1963 list his DOB as “10 December 1939.” ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial, stating, in part, AFI 36-2609, Military Personnel Records System, permits changes to be made for former members if it’s shown that the Air Force erroneously recorded the data in question when the veteran enlisted. Additionally, Table A7 requires the source document for the requested change be either the original or a certified/notarized copy of the original. DPSIRP advised the applicant, by letter, to resubmit his request for reconsideration, with a certified/notarized copy of his birth certificate. However, he did not respond. A review of the applicant’s record revealed his original enlistment contract and DD Form 214, reflects a DOB of 10 February 1939. The review also reflects that his second enlistment and DD Form 214 records his DOB as 10 December 1939. No documentation was found in his record reflecting a DOB of 15 July 1939. The complete AFPC/DPSIRP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 October 2010 for review and comment within 30 days. As of this date, no response has been received by this office Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or 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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the 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-2010-01970 in Executive Session on 6 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 May 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 28 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10. Vice Chair