RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05138

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her Home of Record (HOR) be changed from Fontana, California (CA) to Abilene, Texas (TX).

APPLICANT CONTENDS THAT:

She declared Texas as her state of residency upon entering the Air Force and she separated from Texas as it is listed on her DD Form 214, Certificate of Release or Discharge from Active Duty.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Sep 00.

According to the applicant’s DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, executed on 25 Feb 00, “Fontana, CA” was annotated as her HOR.

On 11 Mar 04, the applicant received an honorable discharge and was transferred to the Air Force Reserve (USAFR).  She was credited with three years, six months, and six days of total 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.  The DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, 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.  DP2LT reviewed the applicant’s military record including the background investigation application and all documents are consistent and list Fontana, CA as the applicant’s HOR. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 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 applicant is a 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 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-2015-05138 in Executive Session on 9 Mar 17 under the provisions of AFI 36-2603:

					   , Panel Chair
					  , Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 12 May 16.
	Exhibit D.  Letter, AFBCMR, dated 15 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.