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AF | BCMR | CY2014 | BC 2014 05017
Original file (BC 2014 05017.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 
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 commander’s 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 commander’s 
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 applicant’s 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 applicant’s 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 applicant’s 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 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, 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 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-2013-05017 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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