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AF | BCMR | CY2007 | BC-2006-03346
Original file (BC-2006-03346.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03346
            INDEX CODE:  100.00


            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed from  Dekalb,  Mississippi,  to  Cicero,
New York.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not informed when he was discharged  from  the  Mississippi  National
Guard in June 2004  that  he  could  change  his  HOR  and  other  pertinent
information, before swearing into active duty.

The applicant's submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is presently  serving  on  active  duty  in  the  grade  of  first
lieutenant.

Applicant’s DD  Form  4/1,  Enlistment/Reenlistment  Document  and  Extended
Active  Duty  Order,  shows  the  applicant  listed  his  HOR   as   Dekalb,
Mississippi.   Additionally,  his  Application  &  Evaluation  for  Training
Leading to a Commission in the United States Air Force reflects his  HOR  as
Dekalb, MS.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the applicant’s request be denied.   The  applicant
has not provided any supporting documentation to show  the  current  HOR  of
Dekalb, MS is in error.  The applicant was residing in  Dekalb,  MS  at  the
time of his  commissioning  and  has  failed  to  provide  documentation  to
support the HOR of Deklab is  in  error.   DPPAE  further  stated  that  the
applicant can resubmit his case with evidence at a  later  date  for  proper
evaluation of his claim.

On 9 Nov 06, AFPC/DPPAE requested the  applicant  provide  documentation  to
support his claim (i.e., a New  York  drivers  license,  voter  registration
card, CY04 New York tax records, etc., issued before entry on active  duty),
but no response or documentation was received.

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 only be changed 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.

The DPPAE evaluation, with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Jan 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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.   Applicant’s  contentions  are  duly
noted; however, he has provided no evidence which would lead us  to  believe
the HOR currently reflected in his records was incorrectly recorded  at  the
time he was initially ordered to active duty.  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 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  Docket  Number     BC-2006-
03346 in Executive Session on 7 March 2007, under the provisions of AFI  36-
2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03346 was considered:

    Exhibit A.  DD Form 149, dated 26 Oct 06.
    Exhibit B.  Letter, AFPC/DPPAE, dated 3 Jan 07.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Jan 07.




                                             CATHLYNN B. NOVEL
                                             Panel Chair

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