RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03877

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed to San Antonio, TX.  

APPLICANT CONTENDS THAT:

His parents moved to Arizona while he was in the 10th grade.  Upon graduating from high school in San Antonio, TX he went to visit his parents and decided to enlist in the Air Force.  He returned to San Antonio to wait out his delayed enlistment period.  He then flew back to Arizona a week prior to his enlistment.  He has a high school diploma from San Antonio, TX.

He does not recall his recruiter asking him where his HOR should be.  He was born and raised in TX.  He also spent most of his military career in TX and currently resides there.  He only enlisted in Arizona.  

He was not aware the impact this would have until his children started college.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 8 February 1984 and retired on 29 February 2004 in the grade of Technical Sergeant (TSgt, E-6).  He was credited with 20 years and 23 days of active duty service.  

The applicant’s DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 16 August 1983 reflects his HOR as Scottsdale, AZ.  

The applicant’s DD Form 214, Certificate of Release or Discharge from the Armed Forces, reflects his HOR as Scottsdale, AZ.
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/DPSIP recommends denial.  The applicant may resubmit with valid proof of HOR such as an original DD Form 4, SF 86, Questionnaire for National Security Position; lease or employment documents dated on or near date of enlistment documenting the correct HOR.   To grant relief would be contrary to the criteria established by DOD guidance.  The DD Form 4 is the source document for HOR.  The Joint Federal Travel Regulation, Volume I, Appendix A1, Part 1 states, “The place recorded as the home of the individual 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.  Only if a break in service exceeds one full day, may the member change the HOR.”  The HOR is the location identified by the individual upon entering the service, not a location where the individual is later assigned or a location selected for convenience; a correction must be fully justified.  Domicile or legal residence may change but the HOR will not.  

A complete copy of the AFPC/DPSIP 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 5 April 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or 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-2015-03877 in Executive Session on 9 August 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 September 2015, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIP, dated 18 March 2016.
	Exhibit D.  Letter, AFBCMR, dated 5 April 2016.