RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00253

	COUNSEL: NONE	

	HEARING: YES

APPLICANT REQUESTS THAT:

His Home of Record (HOR) be changed from New Mexico to Texas.

APPLICANT CONTENDS THAT:

He lived in Texas since he was six years old, except while attending college in New Mexico.  He maintained Texas residency while in college.  The airman completing his enlistment forms listed the address where he lived while attending the University of New Mexico as his HOR.  The wrong HOR nullifies the military retirement benefits Texas offers.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a lieutenant colonel in the Regular Air Force.

The applicant’s DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, reflects his HOR as Rio Rancho, New Mexico.

The applicant’s AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component, reflects his HOR as Albuquerque, New Mexico.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application.  The Joint Federal Travel Regulation, Volume I, Appendix A, defines HOR as “The place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.”  Only if a break in service exceeds one full day may the member change their HOR.  The applicant has not had a break in service.  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 25 Jan 18 for comment (Exhibit D), and the applicant replied on 17 Feb 18.  In his response, the applicant contended copies of his Texas driver’s licenses from 1988 to 1998 show he was a Texas resident.  

The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00253 in Executive Session on 1 May 18:

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-00253:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 18 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Jan 18.
Exhibit E:	Applicant’s response, dated 17 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.