RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00644

XXXXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: YES

APPLICANT’S REQUEST

His home of record (HOR) be changed to XXXXX (XX). 

APPLICANT’S CONTENTIONS

He went to high school and college in XX from 94 – 02 before joining the military in 02.  His HOR was always XX while serving in the military, even while filing taxes.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 16 Apr 02, according to DD Form 1966, Record of Military Processing – Armed Forces of the United States, the applicant certified his HOR as MS.

On 16 Apr 02, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Regular Air Force.  The applicant’s HOR is identified as XXXXXXXXX (XX).  

On 27 May 10, the applicant was released from active duty and issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 14 May 02 to 27 May 10.  His HOR is identified as XX.

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 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.

State Residency

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, 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.

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 finds 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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2021-00644 in Executive Session on 29 Jun 21:

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/atch’s, dated 23 Sep 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.