RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02401

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her Home of Record (HOR) be changed from Coffeeville, MS to Montgomery, AL.

APPLICANT CONTENDS THAT:

She had a 15-month break in service and believed her HOR automatically changed to reflect her place of entry.  She was not aware that her HOR did not change until she applied for AL state educational benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major.  On 9 Jan 96, the applicant was discharged from the Air Force in the grade of staff sergeant from the Officer Training program and on 9 Apr 97, she commissioned as a second lieutenant in the Air Force Reserve and on 1 May 97, she entered onto active duty.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application.  The Joint Federal Travel Regulation (JFTR), Appendix A, defines a Break in Service, as it pertains to HOR, as “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. Only if a break in service exceeds one full day may the member change the HOR.  The applicant had the opportunity to change her HOR when she completed her DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, and AF Form 24, Application for Appointment as Reserves of the Air Force or USAF without Component, after her break in service. The applicant did not have a break in service after her entry onto active duty on 1 May 97. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.   The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02401 in Executive Session on 26 Sep 18:

	Chair
	Member
	Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, w/atchs, dated 25 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.