RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01172

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 14 May 08 be corrected to reflect his Date of Birth (DOB) as 9 Jul 82 and Place of Birth (POB) as Juarez Mexico.  

APPLICANT CONTENDS THAT:

His military records has the wrong birth date and place of birth listed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman (E-4).  

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, indicates he entered active duty in the Regular Air Force on 14 May 08.

On 14 May 14, the applicant was released from active duty with an honorable character of service, transferred to the Air Force Reserve, and credited with 4 years and 2 months of total active service.  

The Certificate of Naturalization, Document Number 39018508 provided by the applicant indicates he became a US Citizen on 20 Nov 17 and his DOB is listed as 9 Jul 82.  

On 17 May 18, AFPC/DP2SSM, in a letter to the applicant, notes upon further review of the applicant’s official military personnel file it was determined that he enlisted, served and was discharged with a DOB of 9 Oct 82 and his POB is El Paso, TX..  

For more information, see the excerpt of the applicant’s record at Exhibit A and B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-01172 in Executive Session on 8 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2018-01172:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.