RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03551

xxxxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:

1.	 Block 12a, Date Entered AD This Period, to read “1968 June 10” instead of “1984 Oct 18”
2.	 Block 6, Place of Entry into Active Duty, to read “XXXXXXXX” instead of “XXXXXXXXX”

APPLICANT’S CONTENTIONS

The Veterans Administration (VA) hospital does not show he has 20 years of continuous active military service since 10 Jun 68, as indicated in Block 18 of his DD Form 214.  This causes problems through the VA hospital system with benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

A review of the applicant’s military record reveals three DD Forms 214 capturing a total of 20 years and 21 days of honorable active service and covering the following periods of service from 10 Jun 68 through 30 Jun 88:

10 Jun 68 - 25 Dec 72; 4 years, 6 months, and 15 days active service.
26 Jun 72 - 10 Feb 77; 4 years, 1 months, and 15 days active service.
30 Jun 88 - 30 Jun 88;  3 years, 8 months, and 13 days active service, and 16 years, 4 months and 8 days of prior active service, for a total of 20 years, 21 days active service.

On 6 May 20, AFPC/DP2SSR-214 advised the applicant they administratively corrected his DD 214, dated 30 Jun 88, and issued a DD Form 215, Correction to DD Form 214, which amends Block 12a, Date Entered AD This Period, from “1984 Oct 18” to “1977 Feb 11”; Block 12c, Net Active Service This Period, from “03 08 13” to “11 04 20”; and Block 12d, Total Prior Active Service, from “16 04 08” to “08 08 01.”

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 in the DD 214, Block 7a (previously Block 6) is contained in Total Force PSD 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.”  

Unfortunately, the applicant did not provide any documentation that shows his place of entry onto active duty was XXXXXXX.  Additionally, the records provided in the case did not have a DD Form 1966, Record of Military Processing - Armed Forces of the United States, DD Form 4, Enlistment/Reenlistment Document - Armed Forces of the United States, or any other form that showed his place of entry onto active duty was XXXXXXXXX.

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 8 May 20 for comment (Exhibit D), and the applicant replied on 21 May 20.  In his response, the applicant contends the corrected dates on the DD Form 215 provided by AFPC/DP2SSR-215 were still wrong, and reiterated his request to correct his Place of Entry into Active Duty to reflect XXXXXXX.  The applicant provided additional documentation in support of his request.

The applicant’s complete response is at Exhibit E.

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 regarding the applicant’s request to change his Place of Entry into Active Duty and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, as noted above, a review of the applicant’s military record reveals he was issued three DD Forms 214 capturing a total of 20 years and 21 days of active service and covering a period from 10 Jun 68 through 30 Jun 88.  Therefore, a further correction to his DD Form 214 is not required.  Board staff obtained a copy of the applicant’s military records from the National Personnel Records Center (NPRC), which includes copies of his DD Forms 214; however, since the Board is not the official custodian of the applicant’s military records, he must contact NPRC at one of the following websites to obtain copies his records: 

https://www.archives.gov/veterans/military-service-records
or
https://www.archives.gov/veterans/military-service-records/evetrecs-help.html

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, except for the aforementioned administrative correction, 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-2019-03551 in Executive Session on 1 Jul 20 and 22 Oct 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, w/atch, dated 24 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 16 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 May 20.
Exhibit E:	Applicant Response, w/atchs, dated 21 May 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.