RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02003
INDEX CODE: 112.01
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His Home of Record (HOR) be changed from Manhattan, New York, to Manila, Philippines.
________________________________________________________________
APPLICANT CONTENDS THAT:
His recruiter erroneously recorded New York as his HOR. He is from Manila, Philippines, which is his actual home and the place where his family has resided since 1988. At the time of his enlistment, his recruiter’s office was located in New York, and his recruiter erroneously assumed that he was either from, or permanently resided in, New York.
Applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force Delayed Enlistment Program at the New York Military Entrance Processing Station (MEPS) on 3 November 2004, and has served on active duty without a break in service since 4 January 2005. At the time of his enlistment, his DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, reflected his HOR as Manhattan, New York.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. On 11 June 2008, they requested the applicant provide documentation to support his request; however, he has not provided any documentation to support his contention that his HOR is in error. Although his family may reside in the Philippines, he did not enlist from that location.
The HOR is defined as the place recorded as the home of the member when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. It can be changed only if there is a break in service for one full day or a bona fide error was made in recording information given by the member.
The AFPC/DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 29 August 2008, for review and comment, within 30 days. However, as of this date, no response has been received by this office.
________________________________________________________________
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 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. The applicant has served without a break in service, and no evidence has been presented that a bona fide error was made in recording information given by him at the time of his enlistment. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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-2008-02003 in Executive Session on 16 October 2008, under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Vice Chair
Ms. Janet I. Hassan, Member
Ms. Judith B. Oliva, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 08.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 11 Aug 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 08.
PATRICIA J. ZARODKIEWICZ
Vice Chair
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