RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02303 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Home of Record (HOR) be changed from Middlebury, PA to Troy, AL. ________________________________________________________________ APPLICANT CONTENDS THAT: He initially enlisted from Middlebury, PA, but he had a break in service from 1995 to 1997 and was commissioned in Troy, AL in 1997. Therefore, his HOR should be Troy, AL. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant enlisted in the Air Force at Middlebury, PA on 3 Mar 92 and was discharged to attend Reserve Officer Training School (ROTC) on 25 Aug 95. He began ROTC on 26 Aug 95, was commissioned on 30 Jun 97, and re-entered active duty on 1 July 1997. On 9 Aug 01, he was released from active duty in the grade of captain (O-3) at the completion of his required active service. HOR is defined as the place recorded as the home of the individual at the time they enlisted, were commissioned, or initially ordered to active duty. It is recorded in the military personnel record to determine transportation entitlements upon separation. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/JA opines on the term “break in service” as it relates to HOR. Per the Joint Federal Travel Regulation (JFTR), when a member is reinstated, reappointed, or reenlisted the HOR remains the place recorded as the individual’s HOR when initially commissioned, appointed, enlisted, inducted, or ordered into the tour of active duty, unless there is a break in service of more than one full day. A “break in service,” for HOR purposes, must be into civilian status, and not just off of active duty. Therefore, recall to a new tour of active service—even if it follows a break of more than one day—will not qualify without complete severance from the service. A complete copy of the AFPC/JA evaluation, with attachment, is at Exhibit C. AFPC/DPSIP recommends denial, indicating there is no evidence of an error or injustice. The HOR is permanently affixed throughout a member’s military service and may only be changed if the member has a complete break in service of greater than one day. Transition from active duty to attend AFROTC does not constitute a complete break in service, and the transition between active duty and AFROTC enrollment was not greater than one day. Thus, the applicant has not had a complete break in service of greater than one day since he initially enlisted on 3 Mar 92. A complete copy of the AFPC/DPSIP evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 18 Nov 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 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 offices of primary responsibility (OPRs) and adopt their rationale as the basis of 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 upon which to recommend favorable action on 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-2011-02303 in Executive Session on xxx, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/JA, dated 28 Sep 11. Exhibit D. Letter, AFPC/DPSID, dated 17 Oct 11. Exhibit E. Letter, SAF/MRBR, dated 18 Nov 11.