RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05454

XXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 7a., Place of Entry into Active Duty (PLEAD), be changed to reflect Del Rio, TX.

APPLICANT CONTENDS THAT:

Although he was commissioned in Massachusetts (MA) he did not enter active duty until he reported to Laughlin AFB, Del Rio TX.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force colonel.  He was credited with 30 years, 11 months and 10 days of total service.

According to AF Form 133, Oath of Office, the applicant entered the United States Air Force Reserve in Lowell, MA on 22 May 77.

According to the Extended Active Duty Order, dated 9 Nov 77, the applicant departed for active duty from Dracut, MA.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application.  The Joint Federal Travel Regulation, Volume I, Appendix A1, paragraph 2, defines the Place of Entry into Active Duty (PLEAD) as: “In the case of an RC (Reserve Component) member who is not enlisted, commissioned, or appointed for immediate active duty, the place to which an order to active duty is addressed.” Paragraph 4 states: “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 applicant has not had a break in service since he initially entered onto active duty on 18 Apr 78.  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 7 Mar 18 for comment (Exhibit D), 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT 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, or should have been 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, 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-2017-05454 in Executive Session on 27 Jun 18:

, Chair
, Member
, Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 3 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 7 Mar 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 for Docket Number BC-2017-05454.