RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02726

XXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  The date he entered active duty be corrected on his DD Form 214, Certificate of Release or Discharge from Active Duty. (Administratively Resolved)

2.  His Place of Entry into Active Duty (PLEAD) be changed from XXXXXX AB, XXXXX to XXXXXXX, XX.

APPLICANT’S CONTENTIONS

His DD Form 214 is in error because it reflects he entered active duty on 29 Feb 78.  He completed Basic Military Training in Jul 70.  In addition, he entered active duty in XXXXXXX, XX not XXXXX.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the documentation provided by the applicant, National Personnel Records Center (NPRC) Document and Fiche Listing, and analysis of the facts the following information is provided:  

The applicant is a retired Air Force master sergeant (E-7). 

On 31 May 90, the applicant was released from active duty for the purpose of retirement and issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 28 Feb 78 to 31 May 90.   He was credited with 12 years, 3 months, and 3 days of active service for this period and 7 years, 9 months, and 9 days of prior active service for a total of 20 years and 11 days.  His home of record (HOR) is listed as XXXXXXX, XX and his PLEAD is identified as XXXXXX AB, XXXXX.

On 1 Jun 90, per Special Orders XX-XXXXXX, the applicant was retired in the grade of E-7 and was credited with 20 years and 11 days or active service.

On 30 Mar 21, AFPC/DP2LT (Service Dates) verified the applicant served on continuous active duty from 20 May 70 through 31 May 90, with no break in service, for a period of 20 years and 11 days.  The service dates on his DD Form 214 will be corrected following Board adjudication.  

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 (Enlisted Accessions) recommends denying the applicant’s request to change his PLEAD.   The authority governing the place of entry into active duty represented on the DD Form 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. 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 place of entry 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, XX. 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 XXXXXXX, XX.

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 5 Apr 21, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed; however, the Board finds it in the interest of justice to excuse the delay.

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 the victim of an error or injustice.  AFPC/DP2LT verified the applicant served on continuous active duty from 20 May 70 through 31 May 90, with no break in service; however, they recommend against correcting the record.  Nonetheless, the Board disagrees with their recommendation and finds a preponderance of the evidence substantiates the applicant’s contentions. In this respect the Board notes that on 28 Feb 78, while assigned in XXXXX, the applicant reenlisted.  His DD Form 214 for the period 28 Feb 78 to 31 May 90 reflects his HOR as XXXXXXX and his PLEAD as XXXXX.  Since the applicant’s HOR is recorded as XXXXXXX, the Board finds it more likely than not his PLEAD was also recorded as XXXXXXX on his previous DD Forms 214; however, it appears to have been erroneously recorded because the applicant was assigned in Japan when he reenlisted. In addition as noted above, the place of entry changes only if there is a break in service exceeding one full day. AFPC/DP2LT verified the applicant did not have a break in service. Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 May 90, Item 7a, Place of Entry into Action Duty, reflects XXXXXXX, XX rather than XXXXXX AB, XXXXX.

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-2020-02726 in Executive Session on 28 Oct 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 2 Jul 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2LT, w/atch, dated 31 Mar 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 Apr 21.

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.