RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05017
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 1 - Name, Block 3 Social Security Number, Block 5
Date of Birth, Block 7b Home of Record at Time of Entry, and
Block 19b Mailing Address after Separation be corrected.
APPLICANT CONTENDS THAT:
She is an orphan and does not have any family. The individual
listed on her DD Form 214 is another individual. As an orphan
she does not have a God given name, social security number, date
of birth, home of record or family.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 14 May
90.
On 7 Oct 94, the Chief, Mental Health Clinic recommended the
applicant be administratively discharged based on a personality
disorder which was so severe that it limited the applicants
ability to function effectively in a military environment.
On 19 Oct 94, the applicant was notified by her commander that
he was recommending her discharge for a condition that
interferes with military service, specifically an adjustment
disorder with mixed emotional features and a personality
disorder not otherwise stated in accordance with AFR 39-10,
Enlisted Personnel-Separation, Chapter 5, Section B, paragraph
5-11i. The commander also recommended if approved, that her
service would be characterized as Honorable.
On 20 Oct 94, the applicant acknowledged her commanders intent
to discharge her in accordance with 39-10. She also consulted
counsel and waived her rights to submit statements on her
behalf.
On 24 Oct 94, the Staff Judge Advocate reviewed the discharge
package and found it legally sufficient.
On 28 Oct 94, the discharge authority approved the commanders
recommendation for discharge without probation or
rehabilitation.
On 3 Nov 94, the applicant was furnished an Honorable discharge,
and was credited with 4 years, 5 months, and 20 days of active
service.
The personal information listed on the applicants DD Form 214
match all documents in her official military personnel record
(Name, Social Security Number, Date of Birth, Home of Record at
Time of Entry).
The remaining relevant facts pertaining to this application are
contained in the memorandums prepared by the Air Force offices
of primary responsibility (OPR), which are attached at Exhibits
C, D, and E.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial indicating there is no evidence of
an error or an injustice.
A review of the applicants record reveals the information in
items 1, 3, 5, 7b on the DD Form 214 are accurate as provided
during her enlistment. The only information that cannot be
verified is item 19b, but that information has no bearing on any
benefits or entitlements that the applicant may apply for using
her DD Form 214. The applicant provided no evidence this
information is incorrect.
A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.
AFPC/DPSIPE recommends denial indicating there is no evidence of
an error or an injustice.
The DD Form 4, Enlistment/Reenlistment Document Armed Forces of
the United States, is the source document for Home of Record
(HOR) and Place of Entry (POE). The Joint Federal Travel
Regulation (JFTR), Volume 1, Appendix Al, part 1, states, The
place recorded as the home of the individual when reinstated,
reappointed, or reenlisted remains the same as that recorded
when commission, appointed, enlisted or inducted, or ordered
into the tour of active duty, unless there is a break in service
of more than one full day. Only if a break in service exceeds
one full day; may the member change the HOR.
After a thorough review of the applicant military personnel
record and other supporting documentation, there does not appear
to be an error or injustice in determining this applicants HOR
justifying a change.
A complete copy of the AFPC/DPSIPE evaluation is at Exhibit D.
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice.
AFI 36-3202, Separation Documents, Table 4, Rule 51, states to
include the address of the nearest relative.
On 3 Nov 94, the applicant was discharged from active service
for Personality Disorder and by her signature at that time,
validated the information on her DD Form 214 to be accurate and
correct. The address of the nearest relative is for the sole
administrative purpose of delivering a copy of a DD Form 214
upon separation. With the applicant now in receipt of her DD
Form 214, the address is void and has no further use. The
applicant failed to prove she has no name, SSN, birthdate, home
of record or relatives. In support of her claim she submits
unsworn testimony.
Based on her signature throughout her military record, there is
no evidence of her contesting her identity, personal
information, or that the relative listed in Block 19b of her DD
Form 214 not being valid.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 Nov 14 for review and comment within 30 days
(Exhibit F). 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-2013-05017 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-2013-05017 was considered:
Exhibit A. DD Form 149, dated 17 Oct 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 9 Jul 14.
Exhibit D. Memorandum, AFPC/DPSIPE, dated 1 Sep 14.
Exhibit E. Memorandum, AFPC/DPSOR, dated 16 Oct 14.
Exhibit F. Letter, SAF/MRBR, dated 12 Nov 14.
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