RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04017

PATRICK W. PLYMALE, JR.	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected as follows:

a.	Block 7b, Home of Record, to read Thermopolis, WY (will be administratively corrected-see Exhibits D, E, and F).

b.	Block 15a, Member Contributed to Post-Vietnam Era Veterans’ Educational Assistance Program (VEAP), to read “Yes” 

APPLICANT CONTENDS THAT:

Clerical errors were made and he has provided supporting documents.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Air Force from 6 Aug 87 to 31 Oct 07.    For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application.  Upon entering the Air Force, the applicant was not eligible for VEAP.  The member elected and contributed to the Montgomery GI Bill. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Jul 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that 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 after the alleged error or injustice was discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, aside from the administrative correction, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04017 in Executive Session on 4 Oct 18:

Mr. Casey Goeckerman, Panel Chair 
Ms. Phyllis Joyner, Panel Member
Mr. Matthew MacGregor, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atch, dated 24 Apr 18.
Exhibit D:	Administrative Relief Letter, AFPC/DP2LT, dated 5 Dec 17.
Exhibit E:	Administrative Fix Letter, AFPC/DP2TM, dated 12 Apr 18.
Exhibit F:	DD Form 215, dated 1 Apr 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.