RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00029

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The date of birth on his DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect X XXX XXXX instead of  X XXX XXXX.

APPLICANT’S CONTENTIONS

His record should reflect the correct date of birth, which is shown on his birth certificate.  

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

STATEMENT OF FACTS

The applicant is an honorably discharged airman second class (E-3).

On X XXX XXXX, according to a Certificate of Birth, provided by the applicant and issued on 20 July 1954, the applicant was born.  

On 2 December 1950, as noted in NME Form 4, Enlistment Record – United States, the applicant enlisted in the Air Force Reserve.  His date of birth was recorded as X XXX XXXX.  

On 14 November 1952, according to DD Form 214, the applicant was discharged with an honorable character of service.  His date of birth is recorded as X XXX XXXX. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  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 date of birth used while serving with the Air Force was erroneously recorded.”  The applicant’s DD Form 214 was created upon his separation on X XXX XXXX utilizing his recorded date of birth - X XXX XXXX.  The complete advisory opinion is at Exhibit C.

AFPC/DP2STM-214 recommends denying the application.  At the time of discharge, the applicant's date of birth was accurately recorded.  Governing directives do not provide the authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service [sic].  The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 March 2020 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

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 non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error.  While the Board notes the recommendations of AFPC/DP2SSM and AFPC/DP2STM-214 against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  Furthermore, the applicant provided a certificate of birth that reflects his date of birth as X XXX XXXX rather than X XXX XXXX, which is sufficient evidence that his date of birth was erroneously recorded when he entered military service.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his DD Form 214, Report of Separation from the Armed Forces of the United States, block 10 (Date of Birth) be corrected to reflect X XXX XXXX rather than X XXX XXXX.

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-2020-00029 in Executive Session on 28 May 2020:

, Panel Chair
, Panel Member
, Panel Member 

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 17 October 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 25 March 2020.
Exhibit D:	Advisory opinion, AFPC/DP2STM-214, dated 25 March 2020.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 26 March 2020.

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