RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02328
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 7a Place of Entry into Active Duty (PLEAD), be
corrected to reflect San Antonio, Texas.
APPLICANT CONTENDS THAT:
He entered active duty in San Antonio, Texas not Branford,
Connecticut. His daughter is attending college at Texas A&M,
College Station and this error is impacting her ability to
utilize the Hazelwood Act.
In support of his request, the applicant provided a copy of his
DD Form 214 and a copy of AF Form 766, Extended Active Duty
Order, dated 9 Mar 99.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 20 Jul
99
On 19 Jul 03, the applicant was furnished an Honorable
discharge, and was credited with 4 years of active service.
The applicants DD Form 214, reflects his Place of Entry into
Active Duty (PLEAD) and Home of Record (HOR) as Branford,
Connecticut.
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/DPANF2 recommends denial indicating there is no evidence of
an error or an injustice. The Joint Federal Travel Regulation,
Volume I, Appendix A1 defines PLEAD as the place to which an
order to active duty is addressed and the place at which the
member attains a military status or at which the member enters
the service. Additionally, an individuals PLEAD only changes
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.
In May 93, the applicant graduated Medical School from New York
University School of Medicine (New York, NY) under the Health
Professions Scholarship Program (HPSP). Upon graduation from
medical school he attended a civilian residency program in
Dallas, Texas. In May 99, the applicant informed the Extended
Active Duty order-issuing and authenticating official the
address from which he departed for active duty (PLEAD) was
Pelham, New York. Therefore, Pelham, NY was annotated in block
1 of his EAD order (AF-766); because this is his pace of entry
into the new period of service.
The justification provided does not warrant PLEAD to be
corrected to reflect San Antonio, Texas; however, if the
decision is to grant relief, it is their recommendation that his
records should be correct to reflect Dallas, Texas. This is the
address from which he departed his residency program for active
duty; therefore, his PLEAD should have reflected Dallas, Texas.
A complete copy of the AFPC/DPANF2 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 23 Jan 15 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 applicants 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, Section 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 applicants 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-2014-02328 in Executive Session on 28 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02328 was considered:
Exhibit A. DD Form 149, dated 5 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPANF2, dated 12 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 23 Jan 15.
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