RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03145

xxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his records to reflect his place of entry as XXXXXX instead of XXXXXX.

APPLICANT’S CONTENTIONS

His records reflect XXXXX as being his permanent address; therefore, he does not qualify for the XXXXXXXXX in XXXXX. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3). 

On 10 Jun 88, according to a DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was discharged.  Block 6 (Place of Entry into Active Duty), reflects XXXXX.

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 authority governing the place of entry into active duty represented on the DD Form 214, Block 7a (previously Block 6) is contained in the Total Force Personnel Services Delivery Guide - DD Form 214, Certificate of Release or Discharge from Active Duty, Section E (Attachment 1).  The rule states, “The place of acceptance in current enlistment, commission, or appointment of an active Service member, or for an ARC member, when enlisted, commissioned, or appointed for immediate active duty (address on their AD orders).  The POE 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.” There is no evidence the applicant’s place of entry is in error.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 24 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-03145 in Executive Session on 1 Jul 20:

, Chair, AFBCMR 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 19 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 24 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Apr 20.

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