RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04196

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

His home of record (HOR) be changed to reflect “Austin, TX,” and his place of entry (POE) be changed to reflect “San Antonio, TX,” on his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS:

He was discharged at the completion of Officer Training School (OTS) in San Antonio, TX, and re-entered the Air Force from San Antonio. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Sep 71.

On 12 Sep 85, the applicant was furnished an honorable discharge, with a narrative reason for separation of “To Accept Commission in the AF from Officer Training Program.”
	
On 1 Oct 93, the applicant retired after serving 22 years and 10 days of active service.   

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/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  The Joint Federal Travel Regulation (JFTR), defines HOR as: “The place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.”  Thus, the HOR is the location identified by the individual upon entering the service, not a location where the individual is later assigned, nor a location selected for convenience or affiliation.  Domicile or legal residence may change, but the HOR will not.  Only if a break in service exceeds one full day may the member change their HOR.  

His initial DD Form 4, Enlistment Contract-Armed Forces of the United States, reflects his HOR as Lake Villa, IL and his POE as Chicago, IL.  This is the same information reflected on his final DD Form 214.  Although the applicant was discharged from OTS on 12 Sep 85, he was commissioned into the Air Force Reserve on 13 Sep 85, and he did not have a break in service.  The applicant did not have a break in service of more than one day from his initial entry on 21 Sep 71 until his retirement on 30 Sep 1993. 

To grant relief would be contrary to the criteria established by the JFTR. 

A complete copy of the AFPC/DP2LT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jun 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES:

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-2015-04196 in Executive Session on 22 Sep 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary was considered:

	Exhibit A.  DD Form 149, dated 30 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 6 Jun 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.