RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02355
						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect San Marcos, Texas in Block 7a (Place of Entry into Active Duty) and Converse, Texas (TX) in Block 7b (Home of Record at Time of Entry).

APPLICANT CONTENDS THAT:

He lived in Texas from 1996 to August 2003.  He separated from active duty on 13 Jan 02 and attended Southwest Texas State University with the Air Force Reserve Officer Training Corps (AFROTC).  He was commissioned on 20 Dec 02, with his first assignment to AFROTC Detachment 840, San Marcos, TX.  His residence during this time was in Converse, TX.

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

STATEMENT OF FACTS:

On 1 May 96, the applicant initially entered the Regular Air Force.

On 13 Jan 02, the applicant was furnished an Honorable discharge and credited with 5 years, 8 months, and 13 days active service.
  
On 14 Jan 02, the applicant entered the Air Force Officer Training Corps.

On 20 Dec 02, the applicant was commissioned in the Air Force Reserve.

On 30 Dec 02, the applicant entered extended active duty under Special Order A-0339, dated 14 Nov 02.

On 31 Dec 10, the applicant was furnished an Honorable discharge and credited with 13 years, 8 months and 14 days total active service.

The applicant is currently serving in the Air Force Reserve.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial, indicating there is no evidence of error or injustice.

The Joint Travel Regulation (JTR), Volume I, Appendix A1, defines Place of Entry into Active Duty (PLEAD) as:  “The place of acceptance in current enlistment, commission, or appointment of an active service member, or of an RC member when enlisted, commissioned, or appointed for immediate active duty.  For an inductee, it’s the location of the local Selective Service Board to which the individual first reported for delivery to the induction station.”

The PLEAD changes only if there is a break in service exceeding one full day, in which case it is the place of entry into the new period of service.

The JTR, Volume I, Appendix A1 defines Home of Record (HOR) as:  “The place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.”

Only if a break in service exceeds one full day may the member change the HOR.  The HOR is the location identified by the individual upon entering the service, not a location where the individual is later assigned, nor a location selected for convenience or affiliation.  Domicile or legal residence may change, but the home of record will not.

The applicant’s original DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, reflects his HOR and PLEAD as Oklahoma City, OK.  Although the applicant has changed his status from active duty to reserve and then back to active duty, he did not have a break in service of more than one day from the date he signed his original DD Form 4 on 13 Feb 96.

A complete copy of the AFPC/DP2LT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note 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.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-02355 in Executive Session on 8 Aug 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02355 was considered:

	Exhibit A.  DD Form 149, dated 2 Jun 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 11 Aug 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-02355, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.