RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01106

XXXX X. XXXX	COUNSEL: NONE
	
		HEARING REQUESTED: YES	

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He enlisted in Jul 06 in XX and separated in Dec 15.  He reentered as an officer through Officer Training School in Dec 15.  Upon commissioning, he desired XX to be his new HOR, however, he was not asked and his original HOR was carried over from his enlistment.  In 2012 he became a XX resident and his family obtained their citizenship.  He desires to return to XX upon retirement.  Without XX listed as his HOR, he will not be eligible for state benefits military families receive.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3). 

On 25 Jul 06, according to DD Form 4/3, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Regular Air Force.  The applicant’s HOR is identified as XX.
  
On 16 Dec 14, according to AF Form 56, Application and Evaluation for Training Leading to a Commission in the United States Air Force, the applicant certified his HOR was XX and his legal state of residence was XX.  

On 10 Dec 15, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was discharged from the Regular Air Force.  His HOR is identified as XX.  

On 11 Dec 15, according to Special Order XX-XXX, dated 10 Dec 15, the applicant was ordered to extended active duty.

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

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  The Joint Travel Regulation (JTR) states that the HOR is the place recorded as the member’s home when commissioned, appointed, enlisted, inducted, or ordered to active duty.  If there is a break in service of more than one full day, then the member may change the HOR.  If there is a break in service of less than one full day, then the member may not change the HOR.  Additionally, the JTR, Appendix A, states members may correct the home of record if, through a bona fide error, the place originally named at the time of entry was not the actual home.  The correction must be justified, and the corrected home of record must be the member’s actual home upon entering the Service, not a different place selected for the member's convenience.  If an enlisted member receives a commission or warrant and the home of record is changed to the place where serving when commissioned or warranted, then the member may receive allowances to the enlistment home of record upon separation or release from active duty.  The member must certify that the home of record was changed in error.  If an enlisted member changes the home of record to the place where the member receives a commission or warrant, then the member may later certify that the home of record was changed in error, and may receive allowances to the enlistment home of record upon separation or release from active duty. 

The applicant was an enlisted member and separated on 10 Dec 15 and commissioned on 11 Dec 15.  The break is not long enough to allow a change in HOR.  The original DD Form 214 lists XX as HOR.  There is no evidence of an error or injustice with the applicant’s 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 22 Jun 21 for comment      (Exhibit D), but has received no response.

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 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 have a break in service of more than one full day; therefore, a change to the applicant’s HOR is not authorized.  Therefore, 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-2021-01106 in Executive Session on 22 Jul 21:

Mr., Panel Chair
Ms., Panel Member
Ms., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 7 Apr 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2LT, w/atchs, dated 22 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 Jun 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.