RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00729

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His home of record (HOR) be corrected to reflect Puerto Rico instead of Florida. 

APPLICANT’S CONTENTIONS

He enlisted in the Air Force at a Florida Military Entrancing Processing Station because of the recruiting program for special operations candidates.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).

On 7 Nov 11, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Regular Air Force.  His HOR is identified as Florida.

On 30 Nov 15, according to DD Form 4, the applicant reenlisted in the Regular Air Force.  His HOR is identified as Florida.

On 6 Dec 19, according to DD Form 2058, State of Legal Residence Certificate, the applicant’s legal residence/domicile is reflected as Puerto Rico.

For more information, see an excerpt of the documentary evidence and the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

The Joint Travel Regulations (JTR), Appendix A, defines the HOR as the place recorded as the individual’s home when appointed, commissioned, enlisted, inducted, or ordered into a tour of active duty.  The JTR further states that a member may only change the HOR if a break in service exceeds one full day.  Additionally, in instances of a bona fide error where the place originally named at the time of current entry into the service was not in fact the actual home, the 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.

According to the DD Form 214 Personnel Services Delivery Guide, the HOR shown on the initial DD Form 4 is used as the HOR for Regular Air Force enlisted Airmen.

According to the Air Force Personnel Center myPers website, state residency is the home for the purposes of taxes as a member moves throughout their military career.  While the state residence may be updated at any time by completing a DD Form 2058 at the Military Personnel Flight, the HOR remains unchanged unless there is a break in service of at least one day.

Extracts from Applicable Authority is at Exhibit B.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant’s HOR when he enlisted on 7 Nov 11, is listed as Florida and he did not provide proof that his HOR was recorded in error.  In addition, as noted above, while the applicant provided evidence he changed his state of legal residence, the applicant did not have a break in service of more than one full day; therefore, a change to his HOR is not authorized.  In view of the foregoing, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00729 in Executive Session on 28 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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