RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2014-04212

				COUNSEL:  NONE

				HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, Block 12a, Date Entered AD This Period, be corrected to 
reflect 1975 as the date he was sworn in.

APPLICANT CONTENDS THAT:

He was sworn into the delayed entry program in 1975 and feels 
his date of entry on active duty should be reflected on his DD 
Form 214; thus capturing his service as part of the Vietnam era.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve on 30 Sep 
75.

On 1 Jan 76, the applicant was discharged from the Reserve 
Component contingent on enlisting in the Regular Air Force.

On 2 Jan 76, the applicant entered the Regular Air Force for a 
period of four years.

On 11 Dec 79, the applicant was furnished an Honorable 
discharge, and was credited with 3 years, 11 months, and 10 days 
of active service.   

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

AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating there is no evidence of 
an error or an injustice.  Time served in the delayed entry 
program is a non-active duty (reserve) status and not creditable 
towards total active federal military service dates.  

Based on their thorough review of the applicant’s official 
military personnel record they have confirmed the applicant 
enlisted into the Air Force Reserves Delayed Enlistment Program 
on 30 Sep 75, discharged on 1 Jan 76, and immediately enlisted 
into the Regular Air Force on 2 Jan 76.  In accordance with 
Title 10, § 513, time served in the delayed enlistment program 
is in a reserve, non-pay status. 

A complete copy of the AFPC/DPSIPV 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 23 Jun 15 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:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.  

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-2014-04212 in Executive Session on 18 Aug 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-04212 was considered:

	Exhibit A.  DD Form 149, dated 10 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPV, dated 15 Jun 15.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Jun 15.