RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00153 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, block 7b, be corrected to reflect “Texas.”. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. The current entry (Commack, New York) reflects the address of his parents when he entered the United States Air Force Academy (USAFA) in 1988. He elected Texas as his state of residence and has not been a resident of New York since the age of 17. 2. His W-2, Wage and Tax Statement 1992 and driver’s license for the year of his commissioning (1992) are evidence of his status. 3. The home of record error affects his entitlement to veteran’s benefits as a resident of Texas. In support of his request, the applicant provides copies of his DD Form 214 and other documents in support of his application. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 May 2011, AFPC/DPSIPS sent the applicant a letter clarifying his home of record and how it is determined. On 29 August 2011, the applicant responded to the DPSIPS letter stating he “agreed with their research and assessment of the definition of home of record.” However, he still requests his DD Form 214, Block 7b be corrected to read Cypress, Texas, his correct home of record. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPS recommends denial. There may be some confusion involving the difference between “Home of Record” and “State of Legal Residence.” The two terms are related, but independent of one another. Home of Record reflects the residence at the time of entitlement, while state of legal residence reflects the state in which an individual claims as their current residence for legal and tax purposes. Some states may offer benefits in the way of education and the like for individuals who entered military service from the state. The purpose of establishing a Home of Record is to document the individual’s residence on the date entered military service, which could be used to determine their eligibility for state benefits and entitlements. While a member may become a legal resident of a different state during or following military service, this does not translate to a change in the individual’s home of record. Unless a member has a complete break in service greater than 24 hours, the home of record will never change. The applicant resided in Commack, New York at the time he entered the USAFA. It was not until the applicant changed his state of legal residence to Texas that changing his home of record became an issue. At no time was the applicant a resident of Texas prior to entering the USAFA or entering active duty service. The complete DPSIPS evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 December 2011 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 error or injustice. The applicant’s contentions are duly noted; however, he has provided no evidence which would lead us to believe the home of record currently reflected in his records was incorrectly recorded at the time he initially came on active duty. Therefore, 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. In the absence of evidence to the contrary, we find no basis to favorably consider 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- 2011-00153 in Executive Session on 29 Mar 12, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 January 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. AFPC/DPSIPS, Letter, dated 30 November 2011, w/atch. Exhibit D. SAF/MRBR, Letter, dated 2 December 2011. Panel Chair