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AF | BCMR | CY2007 | BC-2006-02374
Original file (BC-2006-02374.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02374
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  28 JUL 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be corrected.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He highly  considered/attempted  to  be  assigned  to  Alaska.   He
immediately made Alaska the state in which to  claim  as  his  own.
After being assigned to Alaska, he obtained  a  voter  registration
card, registered his vehicle, etc.  He met and  married  his  wife,
who is an Alaskan resident.  He is currently deployed; however,  he
plans to move back to Alaska at retirement.

In support of his appeal, applicant submitted a personal statement;
a copy of letter from HQ AFPC/DPPAE, dated 11  Aug  06,  and  voter
registration form.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Delayed Enlistment Program on 22  Apr  85
for a period of eight years in the grade of airman basic.  His  HOR
was listed on his  DD  Form  4,  Enlistment/Reenlistment  Document,
Armed Forces of the United States at that time.

He  enlisted  in  the  Regular  Air  Force  14  Aug  85.   He   was
progressively promoted to the rank of technical sergeant,  with  an
effective date/date of rank of 1 Nov 01.  Military  Personnel  Data
system (MilPDS)  reflects  applicant  has  an  approved  retirement
application, with an effective date of 1 Sep 07.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this application and recommended denial.

The 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  personnel
record to determine transportation entitlements upon separation, or
those of dependents in the event  of  a  member's  death  while  on
active duty.  It can be changed only if there is a break in service
of one full day  or  a  bona  fide  error  was  made  in  recording
information given by the member.  On 11 Aug 06, DPPAE notified  the
applicant in writing of his HOR at the time of his  enlistment  and
that he processed through the XXXXXXXXX.  Additionally, changing  a
legal residence or intent not to return to the stated HOR is not  a
means for changing a HOR.  The applicant enlisted in Aug 85 and his
HOR was listed at that time.  At  some  point  in  the  applicant's
career, he was stationed in AK and at that  time,  he  changed  his
legal residence to AK.  The applicant is entitled to  his  home  of
selection (HOS) at retirement. HOS entitlements at  retirement  are
outlined  in  the  Joint  Federal  Travel  Regulation  (JFTR)   and
applicable/consistent throughout DOD.

HQ  AFPC/DPPAE’s  complete  evaluation,  with  attachments,  is  at
Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Feb 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

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 office of primary responsibility and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  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-2006-02374 in Executive Session on  29  March  2007,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jan 07, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPPAE, dated 8 Feb 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 23 Feb 07.




                                   RICHARD A. PETERSON
                                   Panel Chair



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