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 enlistment, he was told that he had to designate
Memphis, Tennessee, as his HOR despite the fact that he is a Filipino
citizen and his permanent home and family are still in the Philippines.
After obtaining his Immigrant Alien Visa, he lived with friends of his aunt
in Tennessee, prior to his enlistment.
Applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial and states, in part, the HOR is defined as the
place recorded as the home of the individual when enlisted or ordered into
a tour of active duty. Although the applicant did explain within reason
why his HOR should be the Philippines and stated that he could provide
documentation to support the change, he has failed to respond to their
request for such documentation.
The complete evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 30
January 2009 for review and comments, 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. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
03909 in Executive Session on 14 May 2009, under the provisions of AFI 36-
2603:
Mr. Anthony P. Reardon, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Oct 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 13 Jan 09.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 09.
ANTHONY P. REARDON
Panel Chair
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