Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-02003
Original file (BC-2008-02003.docx) Auto-classification: Denied

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.

________________________________________________________________

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

Similar Decisions

  • AF | BCMR | CY2008 | BC-2008-00323

    Original file (BC-2008-00323.doc) Auto-classification: Denied

    After joining the Air Force, she changed her HOR with the Defense Finance and Accounting Service, but did not submit a formal request through the personnel system to change her HOR. The DPSOA evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Mar 08, for review and comment within 30 days. Applicant’s contentions are duly...

  • AF | BCMR | CY2008 | BC-2008-00464

    Original file (BC-2008-00464.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00474 INDEX: 112.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Home of Record (HOR) be changed from Brunswick, Ohio to Carter, South Dakota. DPSOA states the HOR is defined as the place recorded as the home of the individual at the time when enlisted, commissioned, appointed, inducted or...

  • AF | BCMR | CY2007 | BC-2007-01435

    Original file (BC-2007-01435.doc) Auto-classification: Denied

    He understands his HOR is where he enlisted; however, this is not his home and he would like to correct this error. At the time of his initial enlistment of 27 Oct 99, his home of record was listed as Portales, New Mexico. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAE recommends denial of the applicant’s request.

  • AF | BCMR | CY2007 | BC-2006-03346

    Original file (BC-2006-03346.DOC) Auto-classification: Denied

    Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. _________________________________________________________________ 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. Exhibit C. Letter, SAF/MRBR, dated 19 Jan 07.

  • AF | BCMR | CY2008 | BC-2007-03166

    Original file (BC-2007-03166.doc) Auto-classification: Denied

    Applicant’s contentions are duly noted; 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 an injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...

  • AF | BCMR | CY2009 | BC-2008-03909

    Original file (BC-2008-03909.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03909 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Home of Record (HOR) and legal residence be changed from Dyer, Tennessee, to Pangasinan, Philippines. ________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his...

  • AF | BCMR | CY2004 | BC-2003-01778

    Original file (BC-2003-01778.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPAE recommends the application be denied and states, in part, that there is no documentation to substantiate changing the applicant’s HOR. 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. ...

  • ARMY | BCMR | CY2014 | 20140020066

    Original file (20140020066.txt) Auto-classification: Denied

    The applicant requests that his home of record (HOR) be corrected to show that his HOR is Kentucky. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction, appointment, or entry on active duty, and there is no authority to change the HOR officially recorded at the time of entry into military service unless it is based on evidence that a bona fide error was made. As such, his DD Form 214 correctly listed the correct...

  • ARMY | BCMR | CY2001 | 2001055018C070420

    Original file (2001055018C070420.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY2015 | 20150003129

    Original file (20150003129.txt) Auto-classification: Denied

    The applicant requests correction of her records to show her home of record (HOR) as Kaneohe, HI. There is no authority to change the HOR as officially recorded at the time of entry into military service. The applicant provided insufficient evidence to show her home was not New York at the time she was commissioned in January 2013.