RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00610

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:

	a. The correct date of birth (DOB)

	b. Updated Nearest Relative

APPLICANT’S CONTENTIONS

His birth certificate showed his actual DOB, and he has a new wife of 19-years.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 28 Jun 11, according to documentation provided by the applicant, he was issued a certified birth certificate, which indicates a different DOB from the DOB on his DD Form 214. 

On 30 Nov 94, according to DD Form 214, the applicant was discharged for the purpose of retirement.  Item 19b (Nearest Relative) includes a different name than the name indicated on his marriage certificate dated 9 Dec 00.

On 9 Dec 00, according to documentation provided by the applicant, he married his current spouse.

On 29 Apr 20, AFPC/DP2SSM notified the applicant there was no evidence of an error or injustice regarding his date of birth on his DD Form 214, and referenced Air Force Instruction (AFI) 36-2608, Military Personnel Records System, stating there was no error on part of the Air Force.

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

APPLICABLE AUTHORITY

AFI 36-2608, Military Personnel Records System, Table A7.5 (Correction to Date of Birth), Note 3, provides as follows: Do not correct records of former members unless evidence proves the date of birth used while serving with the Air Force was erroneously recorded.  Required proof is an unaltered original document from the jurisdiction of the applicant’s birth, showing the applicant’s name and date of birth.

AIR FORCE EVALUATION

AFPC/DP2STM-214 recommends denying the application.  A review of the applicant's master personnel record shows that at the time of the applicant's discharge from the Air Force, his date of birth was accurately recorded.  Furthermore, at the time of applicant's discharge, the nearest relative and address were also properly recorded.  Nearest relative/address is administrative only, and has no effect on benefits or entitlements, and does not warrant editing after the applicant's discharge from the service if changes occur after the fact.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Sep 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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 not the victim of an error or injustice.  While the applicant provided a copy of a birth certificate that reflects a different DOB than the date on his DD Form 214, the copy includes hand written alterations.  Should the applicant provide an unaltered copy of the birth certificate, the Board may be willing to reconsider his request.  Therefore, the Board concurs with the rationale and recommendation of AFPC/DP2STM-214 and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00610 in Executive Session on 3 Dec 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-214, dated 9 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Sep 20.

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.