RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02974 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His WD AGO Form 53, Enlistment Record and Report of Separation, be changed to reflect his Date of Birth (DOB) as xx xxx xx, instead of xx xxx xx. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge reflects an incorrect DOB. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the WD AGO Form 21, Enlistment Record Regular Army, dated 4 Jan 46, the applicant’s DOB is listed as xx xxx xx and the applicant signed the form acknowledging that the information was recorded correctly and are true in all respects. According to the WD AGO Form 53, dated 4 Nov 48, the applicant’s DOB is recorded as xx xxx xx and this form contains the applicant’s signature. According to a certified copy of record of birth, provided by the applicant, dated 18 Aug 52, the applicant’s DOB is recorded as xx xxx xx. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. Air Force Instruction 36-2608, Military Personnel Records System, Table A7.5, Note 3 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 review of the applicant’s records revealed he enlisted, served and was discharged under the DOB “xx xxx xx.” Given that “xx xxx xx” was the DOB the applicant presented for enlistment and there was no change to his DOB during his enlistment, it does not appear to have been erroneously recorded. The complete 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 12 Jan 15 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36- 2603. The applicant has not shown a sufficient reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this application. ________________________________________________________________ DECISION OF THE BOARD: 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-2014-02974 in Executive Session on 17 Mar 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02974 was considered: Exhibit A. DD Form 149, dated 18 Jul 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPSIRP, dated 1 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 12 Jan 15.