RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02126

  XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed from New York to Texas.

APPLICANT CONTENDS THAT:

He was a resident of Texas at the time he entered active duty following a break in service.  Therefore, Texas should be reflected as his HOR.

In support of his request, the applicant provides a letter from his bank which indicates that Texas was his primary mailing and billing address for the period 8 May 2001 to 31 January 2001 [sic].

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant was appointed to the Air Force Reserve via AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component, dated 22 October 1996, and recorded New York as his HOR.

AF Form 766, Extended Active Duty Order, dated 8 February 2001 ordered the applicant to extended active duty (EAD) effective on or after 5 June 2001 and reflects New York as his HOR.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 5 June 2001 to 1 July 2009 reflects New York as his HOR.

On 15 February 2012, the applicant submitted a DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552, requesting that his HOR be changed from New York to Texas.

In a memorandum dated 4 April 2012, AFPC/DPSOY [DD Form 214, Retirements and Separations After Actions Branch] informed the applicant they did not find supporting documents to substantiate that his HOR should be changed and invited the applicant to provide a completed DD Form 149, with supporting documents.

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 B. 

AIR FORCE EVALUATION:

AFPC/DPAN recommends denial.  In October 1996, the applicant completed AF Form 24 and recorded New York as his HOR.  On 28 February 1997, he was commissioned as a second lieutenant in the Air Force Reserve with the intent to attend the Air Force Health Professions Scholarship Program (AFHPSP) in May 1997.  In February 2001 his EAD order was published reflecting his HOR as New York, the same as he indicated on his AF Form 24.  In May 2001, upon completion of AFHPSP he was reappointed in the grade of captain in the Air Force Reserve and in June 2001, he was accessed to EAD.

The Joint Federal Travel Regulation (JFTR), Volume I, Appendix A, states the HOR is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  Additionally, the JFTR states the place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, 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.  The JFTR further states in instances of a bona fide error where the place was originally named at time of current entry into the service was not in fact the actual home, the correction must be fully justified and the home, as corrected, must be the member’s actual home upon entering the service, and not a different place selected for the member’s convenience.  The applicant did not incur a break in service of more than one full day even though he went from reserve to active duty status in 2001; therefore, a change to his HOR is not authorized.

The applicant submitted a document from his bank indicating his primary mailing and billing address from 8 May 2001 to 31 January 2001 [sic] was listed as Texas.  However he would be required to provide a source document that records Texas as his HOR in 1997, when he was initially commissioned.

A complete copy of the AFPC/DPAN evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 August 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02126 in Executive Session on 18 February 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Sr., Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02126 was considered:

Exhibit A.  DD Form 149, dated 24 March 2015, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAN, dated 22 July 2015, 
  w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 31 August 2015.