RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04453 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His WD AGO 53-55, Enlisted Record and Report of Separation, Honorable Discharge, issued 16 Jan 47, Item 1, Last Name, First Name and Middle Initial, be changed from “.” to “.” 2. His Date of Birth (DOB), on WD AGO 53-55, issued 16 Jan 47, Item 10, Date of Birth, be changed from “XX XXX XX,” to “XX XXX XX.” APPLICANT CONTENDS THAT: He was living in the United States as an illegal alien so he changed his Name and DOB to join the US Army Air Forces (AAF) (formerly Army Air Corps). His attached Certificate of Naturalization, issued 8 Apr 55 and Notarized statement, dated 4 Aug 53, shows his correct Name, the reason it was entered incorrectly and his correct DOB. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Based on information provided by the applicant, according to the WD AGO 53-55, on 16 Jan 46, he enlisted into Army Air Forces. On 16 Jan 47, the applicant was furnished an honorable discharge, and was credited with 2 months and 17 days of continental US service and 9 months and 15 days of foreign service. The applicant was also credited with 8 months and 20 days of prior service with the United States Army (AUS). AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial indicating, the applicant failed to provide any legal name change documentation. In Accordance With (IAW) Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, Note 5 states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” A review of the applicant's records could not be accomplished since none were provided by the National Personnel Records Center. However, the applicant states on his application that he “changed his name and date of birth to join the USAAF.” As the applicant's name and DOB were recorded in his record by the information he provided, it was not erroneously recorded. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, DPSIRP is unable to amend his military record after the fact. The complete DPSIRP evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Dec 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: The applicant was forwarded a copy of the SAF/MR memorandum, dated 9 Mar 15, that was provided in order to comply with 10 U.S.C. §1556. Specifically, the memorandum notes that the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference. However, any such name change should be limited only to the DD Form 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases. The AFBCMR should require proof the applicant's name was legally changed. A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214 (Exhibit D). APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy the SAF/MR memorandum was forwarded to the applicant on 23 Jul 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The applicant was not timely filed and the applicant has not claimed a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 3. After careful consideration of applicant’s request and the available 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 plausible 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 applicant’s failure to file in a timely manner. 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-2014-04453 in Executive Session on 19 Jan 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Oct 14, w/atchs. Exhibit B. Letter, AFPC/DPSIRP, dated 1 Dec 14. Exhibit C. Letter, SAF/MRBR, dated 18 Dec 14. Exhibit D. Letter, SAF/MR, dated 9 Mar 15. Exhibit E. Letter, SAF/MRBR, dated 23 Jul 15.