RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00804

XXXXXXXXXXXXXXX	COUNSEL:  NONE
	
		HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His home of record (HOR) be changed from XXXXXX to XXXXXX.

APPLICANT’S CONTENTIONS

He separated from active duty in Apr 92 and was hired as an Air Force Air Reserve Technician; a government position in a XXXXXX Air Force Base.  He reenlisted with the Air Force Reserve in Jul 92, and received an honorable discharge in Jul 98.

He is a disabled veteran applying for education benefits under XXXXXXX, which provides qualified veterans, spouses, and dependent children with an education benefit of up to 150 hours of tuition exemption.  Because the program only accepts the veteran’s DD Form 214, he does not qualify for this program, unless he can get his HOR changed to XXXXX.  The program will not accept his DD 256, Honorable Discharge.  Finally, he did not find out about this education benefit until last year when a fellow disabled veteran told him.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve technical sergeant (E-6). 

On 19 Apr 92, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was released from active duty and transferred to the Air Force Reserve.  His HOR is listed as XXXXX. 

On 28 Jul 92, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant was discharged from the Air Force Reserve for immediate reenlistment on 29 Jul 92, with no break in service.  His HOR/Place of Enlistment reflects XXXXX.

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

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 4-1 is used as the HOR on the DD Form 214, Certificate of Release or Discharge from Active Duty.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the applicant’s request to change his HOR.  The applicant’s DD Form 214 reflects his HOR and Place of Enlistment as XXXXXX.  Additionally, the DD Form 214 reflects the applicant’s transfer to the Air Force Reserve.  While the DD Form 4, signed 9 Jul 92 [sic], reenlisting the applicant in the Air Force Reserve reflects the applicant’s address as XXXXX, there was no break in service.

According to the Joint Travel Regulation “the place recorded as the individual’s home 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.”

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3. After reviewing all Exhibits, the Board concludes 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 a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not provide proof that his HOR was recorded in error.  In addition, the applicant did not have a break in service of more than one full day; therefore, a change to his HOR is not authorized.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-00804 in Executive Session on 17 Dec 20:

, Panel Chair 
, Panel Member
, Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Jan 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 5 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Oct 20.

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.