RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03346 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Home of Record (HOR) be changed to XXXXXXXX ________________________________________________________________ THE APPLICANT CONTENDS THAT: His HOR should be XXXXXXXXX, not XXXXXXX XX. Since his original documents, as required by the governing directives, are not available, he desires his HOR to reflect his actual home upon entry into service, which was the same as his legal residence, and not the address on his orders. At the time of commissioning, he was at the United States Air Force Academy (USAFA) and had not lived at the address on his orders for almost four years and on commissioning day, he left the USAFA for his first assignment at Sheppard AFB, Wichita Falls, TX, and believes XXXXXXXXXX should be his HOR. The Joint Federal Travel Regulation (JFTR) sets the guidance and explains what is necessary to change a HOR and he does not understand how DPSOY can use his extended active duty (EAD) orders to make this determination. If his legal residence prior to commissioning is not sufficient to demonstrate “actual home,” then he submits that “upon entering” active duty is not limited to “before” or “prior” entry. He believes when viewing his circumstances, his entry into active duty and the JFTR’s limited definition and criteria for HOR, the Board can and should allow XX as his HOR. In support of his appeal, the applicant provides a personal statement; a copy of his EAD orders, Special Order, SO AD-44, dated 15 Apr 86; extracts from the JFTR, Department of Defense (DoD) Instruction 1304.2, Instruction Pre-enlistment Forms; pay statements, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant attended the USAFA in XXXXXXXXXXXX from Jun 82 – Jun 86. Before going to the USAFA, he lived in XXXXXXX XX. XXXXXXX, XX was listed as his HOR, which is verified by his EAD orders. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, stating, in part, the applicant does not provide any documentation to support that he lived in XX before he entered active duty on 28 May 86. The applicant did not live in XX before joining the Air Force, but lived in XX prior to going to the USAFA to complete school; therefore, his HOR cannot be XX. In addition, DPSOA believes the applicant is now interested in changing his HOR based on recent changes to the Hazelwood Educational Act that allows XX veterans to transfer their educational benefits to their dependents. The state Department of Veterans Affairs (DVA) offices use the HOR on the DD Form 214, to verify entitlements to state benefits for veterans. Many officers and all enlisted members are initially assigned to XX for training such as the applicant and if they were allowed to change their HOR to XX (since their first base was in XX), they would all be eligible for XX veteran benefits. Although any active duty member assigned to XX can change their legal residence to XX, this does not affect their HOR. The complete AFPC/DPSOA evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes under “FACTS,” the DPSOA advisory states he listed XXXXXXX XX as his HOR. However, as he indicated, the HOR source document does not exist in his personnel record. DPSOA made an assumption based on his EAD orders. The applicant believes he has thoroughly explained the reasons why his HOR should be corrected and provided the necessary documentation to substantiate his appeal. In support of his appeal, the applicant provides a personal statement. The applicant’s complete response, with attachment, 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and the arguments as to why he believes his HOR should be XXXXXXX rather than XXXXXXX, XX. However, the applicant’s case has undergone an exhaustive review by the Air Force office of primary responsibility and we did not find the evidence provided by the applicant sufficient to overcome their assessment of the case. Therefore we accept their recommendation and the rationale provided as the basis for our determination the applicant has not been the victim of an error or injustice. In view of the above and 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-2010-03346 in Executive Session on 7 June 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03346 was considered: Exhibit A. DD Form 149, dated 9 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 27 Oct 10, w/atch. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 10. Exhibit E. Letter, Applicant, dated 9 Jan 11, w/atch.