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Decision Text

AF | BCMR | CY2014 | BC 2014 03932
Original file (BC 2014 03932.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03932

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Home of Record (HOR) be updated to Austin, TX.


APPLICANT CONTENDS THAT:

He was not told at the time of discharge that he could change 
his HOR.  He no longer has any ties to his HOR at enlistment 
because he married a Texan, had a child in Texas, attended Texas 
State University and has a post military career with Austin 
Community College.  Since he plans on retiring in Texas, he 
would like his HOR changed.

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


STATEMENT OF FACTS:

On 3 Jan 89, the applicant entered the Regular Air Force.

According to AF Form 100, Request and Authorization for 
Separation, dated 14 Oct 92, his HOR is Elizabethtown, KY. 

According to DD Form 214, Certificate of Release or Discharge 
from Active Duty, his HOR is Elizabethtown, KY. 

On 2 Jan 93, the applicant was released from active duty after 
expiration of his term of obligated service with an honorable 
character of service.  He was credited with 4 years of active 
service.       


AIR FORCE EVALUATION:

AFPC/DPSIPE recommends denial indicating there is no evidence of 
an error or an injustice.  The Enlisted Accessions branch 
confirms that the initial DD Form 4, Enlistment/Reenlistment 
Document Armed Forces of the United States, dated 3 Jan 89, and 
all other enlistment documents show Elizabethtown, Kentucky as 
the HOR.  After reviewing the application and military personnel 
record, there is no justification to change.  

The Joint Federal Travel Regulation, Volume I, Appendix A, part 
1 states, “The place recorded as the home of the individual when 
reinstated, reappointed, or reenlisted remains the same as that 
recorded when commissioned, appointed, enlisted or inducted, or 
ordered into the tour of active duty, unless there is a break in 
service of more than one full day.  Only if a break in service 
exceeds one full day may the member change the HOR.”  Any such 
correction must be fully justified and the home, as corrected, 
must be the member’s actual home upon entering the Service, and 
not a different place selected for the member’s convenience. 

The complete DPSIPE 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 4 May 15 for review and comment within 30 days 
(Exhibit D).  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 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.  We took 
notice of the applicant’s complete submission, including 
attachments, 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 of injustice.  While we acknowledge the applicant’s 
request to change his HOR, we do not believe he has demonstrated 
evidence of an injustice, as compared to others in his similar 
situation.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief.


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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03932 was considered:

	Exhibit A.  DD Form 149, dated 30 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPE, dated 31 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 4 May 15.

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