RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00522

		COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed from “Bradenton, Florida” to 
“Portland, Oregon.”


APPLICANT CONTENDS THAT:

Prior to being incarcerated, he was evaluated for a medical 
retirement and determined to be disabled with an 80 percent 
disability rating.  Due to his health issues and the fact that 
he has no support of family or friends in Florida he needs his 
HOR changed.  His next of kin resides in Oregon.  Being 
incarcerated at the United States Disciplinary Barracks usually 
results in the inmate being transferred to a civilian run 
Federal prison; typically to a location associated with the 
inmate’s official HOR.  If his HOR remains as Florida, he will 
be faced with the prospect of being disabled, unemployed, a 
convict, no home or family, and nowhere to go upon his release 
from incarceration.  He needs his HOR changed to save his life. 

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


STATEMENT OF FACTS:

The applicant’s DD Form 4, Enlistment/Reenlistment Document, 
dated 13 Jan 98, reflects the applicant’s HOR as Bradenton, 
Florida.

On 29 Dec 98, the applicant commenced his enlistment in the 
Regular Air Force.

On 12 Oct 04, the applicant reenlisted  for five+ years and 
again on 15 Jun 09 for 4 years and 19 days and both DD Forms 4 
reflect his HOR as Bradenton, Florida.

The applicant was convicted by general court-martial for 
domestic violence and was sentenced to a dishonorable discharge, 
reduction to airman basic and 13 years and 9 months confinement.  
His sentence was adjudged on 31 Aug 12.  He was transferred to 
Fort Leavenworth on 14 Sep 12 to serve his confinement.

Under the provisions of Joint Federal Travel Regulations (JFTR), 
para U7475, a former service member, upon final release from 
military confinement, is authorized transportation to his HOR, 
place entered active duty (PLEAD), or placed authorized by the 
Service concerned for residence as a parolee.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIPE recommends denial indicating there is no evidence of 
an error or an injustice.  After reviewing the documentation 
presented and the applicant’s military personnel record, there 
is no evidence to warrant changing the applicant’s HOR.  The 
DD Form 4 is the source document for HOR and place of entry 
(POE).  The Joint Federal travel Regulation (JFTR) defines the 
HOR as the place recorded as the home of the individual when 
reinstated, reappointed, or reenlisted remains the same as that 
recorded when commissioned, appointed, enlisted, inducted, or 
ordered into a tour of active duty.  The HOR can only be changed 
if there is a break in service of at least one full day.  The 
HOR is listed by the individual upon entering military service, 
not a location where the individual is later assigned or a 
location selected for convenience.  A correction to the HOR must 
be fully justified.  The domicile or legal residency may change, 
but the HOR will not.  The AFPC Enlisted Accessions Branch 
confirmed the applicant initialed the DD Form 4 dated 13 Jan 98, 
as well as subsequent enlistment documents, which list 
Bradenton, FL as his HOR.

A complete copy of the AFPC/DPSIPE evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the office of primary responsibility (OPR) 
assessment of his request.  Although, the JFTR does state the 
HOR is the location identified by the individual upon entering 
the service, not a location where the individual is later 
assigned, this does not address the reality of his situation.  
In fact, military inmates can be paroled or transferred to 
locations identified by their HOR on file.  The advisory failed 
to address the negative future consequences associated with 
maintaining his current HOR; the OPR missed the entire point of 
the request and, in doing so, has also overlooked the regulatory 
prohibition of the JFTR, which ironically forbids using HOR data 
as an assignment tool.  He reiterates he does not have a 
support structure in Florida and upon his release from 
incarceration he will need the assistance of the real-life 
support system he has in Oregon.

The applicant’s complete response, with attachments, is at 
Exhibit E.


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.  The 
applicant argues that his home of record (HOR), as reflected in 
his military personnel records, will result in him being 
transferred to a federal prison in Florida when he is released 
from incarceration at Fort Leavenworth, Kansas.  We took notice 
of the applicant's complete submission, to include the rebuttal, 
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 the applicant has not been the victim of an error or 
injustice.  We note the applicant’s argument that his HOR is 
determinative in the location of his transfer when he is 
released from the military disciplinary barracks; however, other 
than his own assertions, he has presented no evidence to 
indicate that this is true.  In fact, in accordance with the 
Joint Federal Travel Regulations (JFTR), upon final release from 
military confinement, an individual is authorized transportation 
to their HOR, place entered active duty (PLEAD), or a place 
authorized by the Service concerned for residence as a parolee.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-00522 in Executive Session on 23 Sep 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 28 Aug 13 and 
	            13 Nov 13 w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIPE, dated 12 Jan 13.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 14.
	Exhibit E.  Letter, Applicant, dated 4 Apr 14, w/atchs.