RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01253

	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her home of record (HOR) address be changed to xxxx rather than xxxx.

APPLICANT’S CONTENTIONS

At the time of enlistment, she held and currently holds residency in xxxx.  She reenlisted in xxxx due to living there temporarily due to her husband’s line of work.  She has never held residency in xxxx.  Her birth certificate, driver’s license, and voter registration all reflect “xxxx.”  She also participates in out of state voting for xxxx.  She pays xxxx state taxes due to the HOR and current address listed on her DD Form 1966, Record of Military Processing – Armed Forces of the United States.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force staff sergeant (E-5).

On 28 December 2015, according to DD Form 1966, the applicant certified her HOR was xxxx.

On 29 December 2015, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant enlisted in the Regular Air Force.  Her HOR is identified as xxxx.

For more information, see the excerpt of 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, Certificate of Release or Discharge from Active Duty, 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 purpose 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, State of Legal Residence Certificate, at the Military Personnel Flight (MPF), the HOR remains unchanged unless there is a break in service of at least one day.

Extracts from the Applicable Authority are 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 a careful review of the applicant's contentions and the available evidence of record, the Board is not convinced the applicant has provided sufficient evidence to conclude that she is the victim of an error or injustice.  The applicant’s HOR when she enlisted on 29 December 2015, is listed as xxxx and she did not provide proof that her 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 her HOR is not authorized.  Furthermore, while the applicant contends that she pays state taxes due to the HOR listed on her DD Form 1966; as noted above, the applicant may complete a DD Form 2058 to update her state of legal residence.  In view of the foregoing, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-01253 in Executive Session on 1 July 2020:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 February 2020.
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.