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Decision Text

AF | BCMR | CY2013 | BC 2013 04516
Original file (BC 2013 04516 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-04516

					COUNSEL:  NONE

		HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, blocks 19a/b be corrected to show his current address and current spouse and address.  



APPLICANT CONTENDS THAT:

He remarried in 2003; therefore, his DD Form 214 should be updated to reflect his current spouse and current address.

The applicant’s complete submission, with attachments, is at Exhibit A.



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Aug 77.

On 31 Aug 98, the applicant was honorably discharged and retired, effective 1 Sep 98, and was credited with 21 years and 19 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice.  The sole purpose of the address listed in block 19a (member's mailing address after separation) and 19b (nearest relative) of the DD Form 214 is for the delivery of the form to the veteran.  The address listed in block 19b is only used when the first attempt to deliver the document to the veteran's address in 19a fails.  With the applicant already in receipt of their DD Form 214, the information in block l9b has no further use, is administrative, and has no impact on veteran benefits or entitlements.  The data the applicant provides became effective in 2003, five years after the 31 Aug 98 effective date of his DD Form 214.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Sep 14 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.



FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force  Instruction 36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.



THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely. 



The following members of the Board considered AFBCMR Docket Number BC-2013-04516 in Executive Session on 23 Oct 14 under the provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04516 was considered:

	Exhibit A.  DD Form 149, dated 20 Sep 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR dated 25 Nov 13.
Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 14.

						


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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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