RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05542
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His Home of Record (HOR) be changed from Palm Harbor, FL to
San Antonio, TX.
2. His DD Form 214, Certificate of Release or Discharge from
Active Duty, issued in conjunction with his 8 Aug 83 separation,
Item 19, Mailing Address after Separation, be changed to San
Antonio, TX.
APPLICANT CONTENDS THAT:
He has lived in San Antonio, TX since Aug 79. He has never
changed his domicile. He has filed all of his taxes in Texas
since 1979. He was discharged in San Antonio, TX and has lived
there ever since without a break in service.
The Board should find it in the interest of justice to waive
timeliness because he never knew that being a Texas veteran had
educational benefits until now.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 9 Aug 79, the applicant entered active duty in the Regular
Air Force. The applicants DD Form 4, Enlistment/Reenlistment
Armed Forces of the United States, lists Palm Harbor, FL as the
HOR.
His DD Form 214, Item 6, Place of Entry into Active Duty (POE),
reflects Miami, FL. Item 19, Mailing Address after Separation,
reflects Palm Harbor, FL.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request to
change his mailing address after separation. The applicant
failed to provide supporting documentation that the Florida
address was in error.
On 14 Nov 78, the applicant enlisted into the Air Force, in
Miami FL, his POE, and by his signature, verified Palm Harbor
FL as his HOR. On 9 Aug 79, the applicant entered active
service from Miami Florida. On 8 Aug 83, the applicant was
discharged from active service. By signature, the applicant
validated his future mailing address upon discharge being that
of his father's in Palm Harbor FL and requested a copy of the
DD Form 214 be forwarded to the Director of Veteran Affairs
office in Florida (block 20). AFI 36-3202 is the governing
directive for the DD Form 214. The information for block 19 is
provided by the applicant prior to the date of separation from
service. The sole purpose of the address listed in block 19
(mailing address after separation) is strictly for the delivery
of the DD Form 214. With the applicant already in receipt of
his DD Form 214, the information in block 19 has no further
use, is administrative, and unlike HOR or POE, has no impact on
veteran benefits or entitlements.
The complete DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He does not understand the issue with changing block 19 on the
DD 214.
At the time of separation he was not sure where his new address
would be, so he chose his father's address in Florida.
He never went back to Florida and remained in Texas. The
recommendation from DPSOR may have not taken into consideration
that it does make a difference and has an impact on his benefits
and entitlements especially under the Texas Hazelwood Act. A
Texas HOR is required on the DD Form 214 to meet the eligibility
criteria.
The applicants complete response, with attachment, is at
Exhibit F.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The
applicants contentions are duly noted; however, we do not find
his assertions sufficiently persuasive to override the rationale
provided by the Air Force offices of primary responsibility.
Therefore, we agree with the opinion and recommendation of the
Air Force OPRs and adopt the rationale expressed as the basis
for our decision the applicant has failed to sustain his burden
that he has suffered either an error or injustice. In the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following members of the Board considered AFBCMR Docket
Number BC-2013-05542 in Executive Session on 9 Oct 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Nov 13, w/atch.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIPE, dated 13 Jan 14.
Exhibit D. Memorandum, AFPC/DPSOR, dated 20 Feb 14.
Exhibit E. Letter, SAF/MRBR, dated 21 Mar 14.
Exhibit F. Letter, Applicant, dated 4 Apr 14, w/atch.
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