Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-01272
Original file (BC-2003-01272.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01272
            INDEX NUMBER:  112.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Home of Record (HOR)  be  changed  from  XXXXXXX,  XXXXXXX,  to
XXXXXX, XXXXXXXXXXX.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her current HOR does not reflect her true and actual HOR.  She  was
misinformed during her enlistment and was wrongly directed  to  use
her XXXXXXX address as her HOR.  She was told that  she  could  not
use a foreign address even if it was her true and actual HOR.

In support of her appeal, the applicant submits copies of her  high
school and college  records,  as  evidence  of  her  HOR  prior  to
enlistment, as well  as  separation  documents  pertaining  to  her
brother, father, and her husband.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial  enlistment  in  the  Regular  Air
Force on 26 Feb 93.  DD Form 4/1, Enlistment/Reenlistment Document,
reflects XXXXXXX, XXXXXXX, as her HOR.

__________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the applicant’s request be denied.   After
a review of the applicant’s records, they found no documenation  to
subtantiate changing the applicant’s HOR,  nor  did  the  applicant
provide any evidence.  HOR must be the actual home  of  the  member
upon entering service, and not a different place selected  for  the
member’s convenience.

A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 Jan 04, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment with  30  days.   To  date,  a
reply has not been received (Exhibit D).

___________________________________________________________________

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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  In this respect, the majority
of the Board notes that at the time of the  applicant’s  enlistment
in the Air Force Reserve, Delayed Enlistment  Program,  she  listed
XXXXXXX, XXXXXXX as her HOR.  It appears the address listed on  her
enlistment documents was a temporary address where she was residing
awaiting her enlistment in the Air Force, rather than her  official
home address.  In view of this, the majority of the Board  believes
any  doubt  should  be   resolved   in   the   applicant’s   favor.
Accordingly,  the  majority  of  the  Board  recommends  that   the
applicant’s records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that her home of record
(HOR) is XXX XXXX XX,  XXXXXX  XXXXXXXXXXX,  rather  than  XXXXXXX,
XXXXXXX.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-01272 in Executive Session on  20  April  2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Grover L. Dunn, Member
      Mr. Richard A. Peterson, Member

By majority vote, the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Markiewicz voted to deny the application  in  its
entirety, but  elected  not  to  submit  a  minority  report.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Apr 03, w/atchs
     Exhibit B.  Applicant's Master Personnel Records
     Exhibit C.  Letter, AFPC/DPPAE, dated 23 Jan 04
     Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04, w/atchs




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2003-01272




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXXX X. XXXXXXXXXX, XXX-XX-XXXX, be corrected
to show that her home of record (HOR) is XXX XXXX XX, XXXXXX
XXXXXXXXXXX, rather than XXXXXXX, XXXXXXX.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • CG | BCMR | OER and or Failure of Selection | 1999-077

    Original file (1999-077.pdf) Auto-classification: Denied

    LCDR XX = Chief of the Command and XXX at XXX who allegedly informed the XXXX command that XXX was concerned about her performance at XXX. Xxxxx = Coast Guard xxxxx who served as xxxxx in the XXX and XXX xxxxxs and is now the xxxxxxx of the Coast Guard (see statement). However, the only complex xxxxx [the applicant] had been assigned to as an assistant [xxx xxx] in order to gain experience had been dismissed prior to xxx, and she had not yet been in xxxxx on anything other than [the...

  • AF | BCMR | CY2002 | 0200503

    Original file (0200503.doc) Auto-classification: Approved

    AFBCMR 02-00503 INDEX NUMBER: 128.05 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXXXXXX, XXX-XX-XXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36- 2603, the applicant's records will be...

  • AF | BCMR | CY2004 | BC-2003-03287

    Original file (BC-2003-03287.doc) Auto-classification: Approved

    In this respect, we note that at the time of the applicant’s enlistment in the Air Force Reserve, Delayed Enlistment Program, she listed Cedar Falls, Iowa, as her HOR. In view of this, and since she did pursue correction of this error in a timely manner following her enlistment in the Regular Air Force, we recommend her records be corrected to the extent indicated below. The following documentary evidence was considered: Exhibit A. DD Form 149, undated, w/atchs.

  • AF | BCMR | CY2014 | BC 2014 03986

    Original file (BC 2014 03986 .txt) Auto-classification: Denied

    According to DD Form 214, Certificate of Release or Discharge from Active Duty, associated with her 13 Jul 03 release from active duty, her HOR at time of entry is listed as 36707 San Pedro Dr., Apt 120, Fremont, CA 94536. The complete DPSIPE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted a response stating when she was in contact with her recruiter she was a full-time out-of-state student at Alliant International University in California. ...

  • AF | BCMR | CY2002 | 0200512

    Original file (0200512.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00512 INDEX NUMBER: 128.05 XXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _______________________________________________________________ APPLICANT REQUESTS THAT: The AF Form 1411, “Extension or Cancellation of Extensions of Enlistment in the Regular Air Force, he signed on 1 Nov 01 be voided. _______________________________________________________________ THE BOARD...

  • AF | BCMR | CY2001 | 0002913

    Original file (0002913.doc) Auto-classification: Approved

    Counsel’s complete submission is at Exhibit A. Exhibit E. Minority Report. While the applicant’s actions may have supported punishment by Article 15, I am not persuaded that the severity of the punishment, reduction in grade from CMSgt to SMSgt, is warranted.

  • AF | BCMR | CY2003 | BC-2002-02099

    Original file (BC-2002-02099.doc) Auto-classification: Approved

    In a rebuttal to the Air Force evaluation, applicant now requests that she be reinstated to active duty in the Air Force, promoted to the grade of technical sergeant (TSgt) (E-6) and allowed to cross train into the Paralegal career field she was approved for prior to her discharge. The applicant’s complete statement is at Exhibit L. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAE recommends that the applicant’s RE code be changed to “3K,”...

  • AF | BCMR | CY2000 | 0001199

    Original file (0001199.doc) Auto-classification: Approved

    Members of the Board, Mr. Thomas S. Markiewicz, Mr. Roscoe Hinton, Jr., and Mr. E. David Hoard, considered this application on 1 November 2000. Panel Chair Attachments: 1. Memorandum, AFPC/DPPAES, dtd 3 Sep 00 AFBCMR 00-01199 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of...

  • AF | BCMR | CY2003 | BC-2003-02638

    Original file (BC-2003-02638.doc) Auto-classification: Approved

    AFBCMR BC-2003-02638 INDEX NUMBER: 112.00 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXXXXXXX, XXX-XX-XXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36- 2603, the applicant's records will be...

  • CG | BCMR | Discharge and Reenlistment Codes | 1999-037

    Original file (1999-037.pdf) Auto-classification: Denied

    She was advised that “[a]ny further incidents will result in further administrative action.” On May 6, 199x, the applicant was evaluated by Dr. z, the Senior Medical Officer at XXX xxxxxxx Health Services, at the request of her commanding officer following a “continuous pattern of inappropriate behavior.” Dr. z reported the following based on his examination and information provided by her command: [The applicant’s] behavior has been observed declining over the past year and she has become...