[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR865.3]

[Page 173-174]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 865_PERSONNEL REVIEW BOARDS--Table of Contents
 
      Subpart A_Air Force Board for Correction of Military Records
 
Sec. 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, 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.
    (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., Section 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/MIBR, 550 C Street West, 
Suite 40, Randolph AFB TX 78150-4742.
    (4) The AFBCMR, 1535 Command Drive, EE Wing 3rd Floor, Andrews AFB 
MD 20331-7002.
    (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 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 three years after the error or injustice was 
discovered, or, with due diligence, should have been discovered. 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 38 U.S.C. 3402, and other persons determined by the 
Executive Director of the Board to be competent to represent the 
interests of the applicant.
    (2) See Department of Defense Directive (DoDD) 7050.6, Whistleblower 
Protection Act, 3 September 1992,\1\ for special provisions for counsel 
in cases processed under 10 U.S.C. 1034.
---------------------------------------------------------------------------

    \1\ Copies of the publication are available, at cost, from the 
National Technical Information Service, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, VA 22161.
---------------------------------------------------------------------------

    (i) Page limitations on briefs. Briefs in support of applications:
    (1) May not exceed twenty-five double-spaced typewritten pages.

[[Page 174]]

    (2) Must be typed on one side of a page only with not more than 
twelve characters per inch.
    (3) Must be assembled in a manner that permits easy reproduction.
    (j) Responses to advisory opinions must not exceed ten double-spaced 
typewritten pages and meet the other requirements for briefs.
    (k) These limitations do not apply to supporting documentary 
evidence.
    (l) In complex cases and upon request, the Executive Director of the 
Board may waive these limitations.
    (m) Withdrawing applications. Applicants may withdraw an application 
at any time before the Board's decision. Withdrawal does not stay the 
three-year time limit.