RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02524

XXXXXXXXXXXXX	COUNSEL:  NONE
	
		HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, with date of discharge of 31 May 11, be corrected to reflect his Place of Entry into Active Duty (PLEAD) as XXXXX instead of XXXXX.

APPLICANT’S CONTENTIONS

XXXXX is where he was when he retired.  His actual PLEAD is XXXXX.  This error, if not corrected, would preclude him from valuable educational benefits offered to veterans and their children from the state of XXXXX.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5) in retired pay status.

On 17 Aug 83, according to Special Order XXXXX, dated 8 Jul 83, the applicant was ordered to extended active duty (EAD).  He was ordered to report to XXXXX.

On 19 Sep 90, the applicant was released from active duty and issued a DD Form 214, Block 7a, Place of Entry into Active Duty, was corrected to read “XXXXX” by DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 13 May 21.

On 1 Feb 03, according to Reserve Order XXXXX, the applicant was reassigned to Headquarters, Air Reserve Personnel Center, Inactive Status List Reserve Section, Reserve Status:  Standby.

On 11 Feb 04, according to AF Form 1288, Application for Ready Reserve Assignment, the applicant signed a form that identifies his home address as XXXXX.

On 15 Aug 09, the applicant was released from active duty and issued a DD Form 214, for the period 18 Aug 04 to 15 Aug 09.   His PLEAD is identified as XXXXX.

On 1 Oct 09, per AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 23 Sep 09, reflects the applicant was ordered to active duty.  The applicant’s address was XXXXX.

On 31 May 11, the applicant was released from active duty and issued a DD Form 214, for the period 1 Oct 09 to 31 May 11.   His PLEAD is identified as XXXXX.

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

APPLICABLE AUTHORITY/GUIDANCE

The Joint Travel Regulations (JTR), Appendix A, defines the PLEAD as the place of acceptance in current enlistment, commission, or appointment of an active service member, or of an Reserve component member when enlisted, commissioned, or appointed for immediate active duty.  In the case of a 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.  

Effective 1 January 1983:  In the case of a non-prior service midshipman or cadet at a Service academy or a civilian college or university, the place at which the member attains a military status or at which the member enters the Service. NOTE: Generally this is the academic institution and not the member's HOR (60 Comp. Gen. 142 (1980)).

NOTE: 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.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  There is no substantiating documentation or proof of an error/injustice within his military record.  After a careful review of the applicant’s records, his official orders for this period of service reflect the Place of Entry as XXXXX.  Per the Total Force Personnel Services Delivery Guide, Section E, Table 5, page 22 (How to Prepare the DD Form 214), Block 7a, an “Air Reserve Component (ARC) member, when enlisted, commissioned, or appointed for immediate active duty (address on their initial active duty order for this period of time).” 

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 17 Aug 21 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The orders calling the applicant to active duty for this period of time were addressed to the applicant in XXXXX.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2021-02524 in Executive Session on 20 Oct 21 and 25 Oct 21:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 19 Jul 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTS, w/atchs, dated 12 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 Aug 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.