RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01952

XXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: YES	

APPLICANT’S REQUEST

His Place of Entry onto Active Duty (PLEAD) be changed from Michigan to Texas.   

APPLICANT’S CONTENTIONS

Not having his PLEAD documented as Texas is affecting eligibility for his family members.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5). 

On 6 Nov 79, according to the DD Form 100, Request and Authorization for Separation (Special Order NO. AB-2389), the issuing/approving official signed the order. The applicant’s PLEAD is documented as AFEES, MI.

On 25 Mar 80, according to the DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was discharged and credited with six year of active service.  His PLEAD is listed as Michigan. 

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

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  There is no evidence of an error or injustice.  The authority governing the PLEAD represented on the DD 214, Block 7a (previously Block 6) is contained in the DD Form 214, Personnel Services Delivery Guide, Section E.  The rule states the PLEAD is “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 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 did not provide any documentation that shows his PLEAD was San Antonio, TX. The records provided in the case did not have a DD Form 4, Enlistment/Reenlistment
Document - Armed Force of the United States; DD Form 1966, Record of Military Processing - Armed Forces of the United States, or any other form that showed his PLEAD was San Antonio, TX.  The AF Form 100, dated 6 Nov 79, reflects the PLEAD as AFEES Detroit, MI.  

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 1 Oct 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was untimely 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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-01952 in Executive Session on 3 Mar 22:

Panel 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/atchs, dated 10 May 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2LT, w/atchs, dated 30 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Oct 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.