RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00522 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Home of Record (HOR) be changed from “Bradenton, Florida” to “Portland, Oregon.” APPLICANT CONTENDS THAT: Prior to being incarcerated, he was evaluated for a medical retirement and determined to be disabled with an 80 percent disability rating. Due to his health issues and the fact that he has no support of family or friends in Florida he needs his HOR changed. His next of kin resides in Oregon. Being incarcerated at the United States Disciplinary Barracks usually results in the inmate being transferred to a civilian run Federal prison; typically to a location associated with the inmate’s official HOR. If his HOR remains as Florida, he will be faced with the prospect of being disabled, unemployed, a convict, no home or family, and nowhere to go upon his release from incarceration. He needs his HOR changed to save his life. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s DD Form 4, Enlistment/Reenlistment Document, dated 13 Jan 98, reflects the applicant’s HOR as Bradenton, Florida. On 29 Dec 98, the applicant commenced his enlistment in the Regular Air Force. On 12 Oct 04, the applicant reenlisted for five+ years and again on 15 Jun 09 for 4 years and 19 days and both DD Forms 4 reflect his HOR as Bradenton, Florida. The applicant was convicted by general court-martial for domestic violence and was sentenced to a dishonorable discharge, reduction to airman basic and 13 years and 9 months confinement. His sentence was adjudged on 31 Aug 12. He was transferred to Fort Leavenworth on 14 Sep 12 to serve his confinement. Under the provisions of Joint Federal Travel Regulations (JFTR), para U7475, a former service member, upon final release from military confinement, is authorized transportation to his HOR, place entered active duty (PLEAD), or placed authorized by the Service concerned for residence as a parolee. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIPE recommends denial indicating there is no evidence of an error or an injustice. After reviewing the documentation presented and the applicant’s military personnel record, there is no evidence to warrant changing the applicant’s HOR. The DD Form 4 is the source document for HOR and place of entry (POE). The Joint Federal travel Regulation (JFTR) defines the HOR as the place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. The HOR can only be changed if there is a break in service of at least one full day. The HOR is listed by the individual upon entering military service, not a location where the individual is later assigned or a location selected for convenience. A correction to the HOR must be fully justified. The domicile or legal residency may change, but the HOR will not. The AFPC Enlisted Accessions Branch confirmed the applicant initialed the DD Form 4 dated 13 Jan 98, as well as subsequent enlistment documents, which list Bradenton, FL as his HOR. A complete copy of the AFPC/DPSIPE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He disagrees with the office of primary responsibility (OPR) assessment of his request. Although, the JFTR does state the HOR is the location identified by the individual upon entering the service, not a location where the individual is later assigned, this does not address the reality of his situation. In fact, military inmates can be paroled or transferred to locations identified by their HOR on file. The advisory failed to address the negative future consequences associated with maintaining his current HOR; the OPR missed the entire point of the request and, in doing so, has also overlooked the regulatory prohibition of the JFTR, which ironically forbids using HOR data as an assignment tool. He reiterates he does not have a support structure in Florida and upon his release from incarceration he will need the assistance of the real-life support system he has in Oregon. The applicant’s complete response, with attachments, is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant argues that his home of record (HOR), as reflected in his military personnel records, will result in him being transferred to a federal prison in Florida when he is released from incarceration at Fort Leavenworth, Kansas. We took notice of the applicant's complete submission, to include the rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant’s argument that his HOR is determinative in the location of his transfer when he is released from the military disciplinary barracks; however, other than his own assertions, he has presented no evidence to indicate that this is true. In fact, in accordance with the Joint Federal Travel Regulations (JFTR), upon final release from military confinement, an individual is authorized transportation to their HOR, place entered active duty (PLEAD), or a place authorized by the Service concerned for residence as a parolee. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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-2013-00522 in Executive Session on 23 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 28 Aug 13 and 13 Nov 13 w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPE, dated 12 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 31 Mar 14. Exhibit E. Letter, Applicant, dated 4 Apr 14, w/atchs. 1 2