§ 865.3 Application procedures. ( a ) Who may apply: ( 1 ) In most cases, the applicant is a member or former member of the Air Force, since the request is personal to the applicant and relates to his or her military records.
( 2 ) An applicant with a proper interest may request correction of another person's military records when that person is incapable of acting on his or her own behalf, is missing, or is deceased. Depending on the circumstances, a child, spouse, civilian employee or former civilian employee, former spouse, parent or other close relative, an heir, or a legal representative (such as a guardian or executor) of the member or former member may be able to show a proper interest. Applicants will send proof of proper interest with the application when requesting correction of another person's military records. An application may be returned when proper interest has not been shown.
( 3 ) A member, former member, employee or former employee, dependent, and current or former spouse may apply to correct a document or other record of any other military matter that affects them (This does not include records pertaining to civilian employment matters). Applicants will send proof of the effect of the document or record upon them with the application when requesting a correction under this provision.
( b ) *Getting forms.* Applicants may get a DD Form 149, “Application for Correction of Military Record Under the Provisions of Title 10 U.S.C. 1552,” and Air Force Pamphlet 36-2607, “*Applicants' Guide to the Air Force Board for Correction of Military Records (AFBCMR),”* from: ( 1 ) Any Air Force Military Personnel Flight (MPF) or publications distribution office.
( 2 ) Most veterans' service organizations.
( 3 ) The Air Force Review Boards Office, SAF/MRBR, 550 C Street West, Suite 40, Randolph AFB TX 78150-4742.
( 4 ) The AFBCMR, 1535 Command Drive, EE Wing 3rd Floor, Andrews AFB MD 20762-7002.
( 5 ) Thru the Internet at *http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf* (DD Form 149) and *http://www.e-publishing.af.mil/shared/media/epubs/AFPAM36-2607.pdf* (Air Force Pamphlet 36-2607).
( c ) *Preparation.* Before applying, applicants should: ( 1 ) Review Air Force Pamphlet 36-2607.
( 2 ) Discuss their concerns with MPF, finance office, or other appropriate officials. Errors can often be corrected administratively without resort to the Board.
( 3 ) Exhaust other available administrative remedies (otherwise the Board may return the request without considering it).
( d ) *Submitting the application.* Applicants should complete all applicable sections of the DD Form 149, including at least: ( 1 ) The name under which the member served.
( 2 ) The member's social security number or Air Force service number.
( 3 ) The applicant's current mailing address.
( 4 ) The specific records correction being requested.
( 5 ) Proof of proper interest if requesting correction of another person's records.
( 6 ) The applicant's original signature.
( e ) Applicants should mail the original signed DD Form 149 and any supporting documents to the Air Force address on the back of the form.
( f ) *Meeting time limits.* Ordinarily, applicants must file an application within 3 years after the error or injustice was discovered, or, with due diligence, should have been discovered. In accordance with federal law, time on active duty is not included in the 3 year period. An application filed later is untimely and may be denied by the Board on that basis. ( 1 ) The Board may excuse untimely filing in the interest of justice.
( 2 ) If the application is filed late, applicants should explain why it would be in the interest of justice for the Board to waive the time limits.
( g ) *Stay of other proceedings.* Applying to the AFBCMR does not stay other proceedings.
( h ) *Counsel representation.* Applicants may be represented by counsel, at their own expense. ( 1 ) The term “counsel” includes members in good standing of the bar of any state, accredited representatives of veterans' organizations recognized under by the Secretary of Veterans Affairs pursuant to 38 U.S.C. 5902(a)(1), and other persons determined by the Executive Director of the Board to be competent to represent the interests of the applicant.
( 2 ) See DoDD 7050.06, *Military Whistleblower Protection* [1] *and* AFI 90-301, *Inspector General Complaints Resolution,* for special provisions for counsel in cases processed under 10 U.S.C. 1034.
( i ) *Page limitations on briefs.* Briefs in support of applications: ( 1 ) May not exceed 25 double-spaced typewritten pages.
( 2 ) Must be typed on one side of a page only with not more than 12 characters per inch.
( 3 ) Must be assembled in a manner that permits easy reproduction.
( 4 ) Responses to advisory opinions must not exceed 10 double-spaced typewritten pages and meet the other requirements for briefs.
( 5 ) These limitations do not apply to supporting documentary evidence.
( 6 ) In complex cases and upon request, the Executive Director of the Board may waive these limitations.
( j ) *Withdrawing applications.* Applicants may withdraw an application at any time before the Board's decision. Withdrawal does not stay the 3-year time limit.
( k ) *Authority to reject applications.* The Executive Director may return an application without action, if, after consultation with legal counsel, he or she determines that the application is clearly frivolous, or the remedy that is requested is beyond the authority of the Board. This authority may not be delegated.
Footnotes -
865.3
[1] Available via the Internet at *http://www.dtic.mil/whs/directives/corres/pdf/705006p.pdf .*