RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01092

XXXXXXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He was living temporarily in XXXXXX at the time of his enlistment, his actual HOR was XXXX.  His DD Form 1966, Record Of Military Processing – Armed Forces Of The United States, was corrected to indicate XXXXXX as his HOR, but the correction never made it to his official records.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force captain (O-3), honorably discharged 29 Sep 14.   

On 5 May 05, according to DD Form 1966, Record of Military Processing – Armed Forces of the United States, the applicant certified his HOR was XXXXXX.

On 25 May 05, 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 XXXXXX.  

On 11 Sep 07, the applicant completed AF 56, Application & Evaluation For Training To A Commission in the United States Air Force, reflecting his HOR being XXXXXX.  

On 23 Sep 08, according to DD Form 214, the applicant was released from active duty as a staff sergeant (E-5), and commissioned an officer.  His HOR is listed as XXXXXX.  

On 24 Sep 08, the applicant was commissioned a second lieutenant (O-1) in the Regular Air Force.   

On 12 Jun 14, the applicant was issued Special Order AH-103875, reflecting his discharge effective date as 29 Sep 14, and HOR of XXXXXX.  

On 29 Sep 14, 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 XXXXXX. 

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.

[Enlisted] 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.

[Officer] According to the DD Form 214 Personnel Services Delivery Guide, the HOR on the application for appointment (AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component) is used as the HOR on the DD Form 214 for active duty officers.  As a secondary source, the HOR listed on the EAD order for the starting period of service recorded on the DD Form 214, block 12a (Date Entered Active Duty this Period), may be used.

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.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  The applicant entered active duty on 25 May 05.  His DD Form 4 shows his HOR as XXXXXX.  His DD Form 1966, originally reflected XXXXX as his HOR, however, pen or ink modifications to that document reflect his HOR being XXXXXX.  His DD Forms 214 issued in 2008 and 2014 both reflect his HOR as XXXXXX.  His AF IMT 100 (Separation Orders), dated 12 Jun 14, reflects XXXXXXX as his HOR.  The applicant did provide an unsigned copy of 2005 Income Tax Form 1040EZ reflecting XXXXXX as his home residence.  They opine the documentation provided by the applicant and analysis of the facts reveal he did not have a break in service and there does not seem to be a “bona fide error” warranting a change to his HOR in accordance with (IAW) the JTR.   

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 14 Jul 21 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 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 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-2021-01092 in Executive Session on 28 Sep 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/atchs, dated 4 Jan 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2LT, w/atchs, dated 14 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 14 Jul 21.

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.