RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02188

XXXXXXXXXXXX	COUNSEL:  NONE
	
		HEARING REQUESTED:  NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

The HOR shown on DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 18 Sep 05, is not correct.  It reads XXXXX but should indicate XXXXX.  He served on active duty in the Air Force from Jul 14 – Mar 21.  Prior to entering this active duty period, he lived in XXXXX from 2011-2014.  His DD Form 214 does show his Place of Entry into Active Duty as XXXXX, which is the location where he resided prior to entering active duty in 2014.  The reason this occurred is because when he joined the Army in 1999, his HOR was XXXXXX.  He was not on active duty from 2005-2014.  This should have been updated but mistakenly was not.

He is requesting this change so he can request benefits through the Veterans Administration (VA) in XXXXX.  The VA informed him that he would not be entitled to full benefits unless his HOR was corrected to XXXXX.  At first, he thought they were mistaken, but after looking up the definition of HOR, it should read XXXXX as the place he resided when he entered active duty Air Force in Jul 14.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force lieutenant colonel (O-5). 

On 28 May 03, per Special Order XXXX, dated 28 May 03, the applicant was appointed as a Reserve of the Air Force.

On 10 Aug 03, according to USAFA Form 0-112, Request and Authorization for Permanent Change of Station – Air Force Military, (Special Order XXXXX), dated 13 May 03, the applicant was ordered to a Permanent Change of Station.  His HOR is listed as XXXXX.

On 21 Jun 05,  according to AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component, the applicant signed a form that identifies his HOR as XXXXX.

On 18 Sep 05, the applicant was released from active duty and issued a DD Form 214 for the period 31 May 03 to 18 Sep 05.   His HOR is identified as XXXXX. 

On 19 Sep 05, per Reserve Order XXXXX, dated 11 Oct 05, the applicant was appointed as a Reserve of the Air Force.

On 11 Jul 14, according to AF IMT 766,  Extended Active Duty Order, Special Order XXXXX, dated 28 May 14, the applicant was ordered to extended active duty (EAD).  Block 1, Grade, Name, SSN and Mailing Address from which individual will depart for Active Duty, indicates a XXXXX mailing address. Block 5, Home of Record (Same as Block 1 unless otherwise indicated) shows his HOR as XXXXX.

On 24 Mar 21, the applicant was released from active duty and issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 11 Jul 14 to 24 Mar 21.   His HOR is identified as XXXXX.

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 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.

The Joint Travel Regulations (JTR), Appendix A, defines the Place of Entry into Active Duty (PLEAD) as the place of acceptance in current enlistment, commission, or appointment of an active service member, or of an RC member when enlisted, commissioned, or appointed for immediate active duty.  In the case of an RC member who is not enlisted, commissioned, or appointed for immediate active duty, the place to which an order to active duty is addressed.  Effective 1 January 1983: In the case of a non-prior service midshipman or cadet at a Service academy or a civilian college or university, the place at which the member attains a military status or at which the member enters the Service.   NOTE: Generally this is the academic institution and not the member's HOR.

AIR FORCE EVALUATION

AFPC/DP2NA recommends denying the application because relief would be contrary to the criteria established by the JTR, Volume 1 Appendix A.  The applicant recorded his HOR as XXXXX when he commissioned and did not have a break in service for more than one full day. On 28 May 03, the applicant graduated from West Point Academy and received an inter-service transfer to appoint as a second lieutenant (O-1) in the Reserve of the Air Force.   The applicant’s home of record was recorded as XXXXX on his USAFA Form 0-112.  On 31 May 05, he was promoted to the grade of O-2 and served in the same grade until he separated on 18 Sep 05.  On 19 Sep 05, the applicant appointed as a second lieutenant in the Reserve of the Air Force to attend medical school under the Health Professional Scholarship Program.  On 12 Jun 09, upon graduation, he reappointed to the grade of O-3 in the Reserve of the Air Force.  He remained in the Reserve of the Air Force as an O-3 while attending civilian residency training.

On 11 Jul 14, the applicant entered onto extended active duty as an O-4 and retired [sic] from active duty on 24 Mar 21, as a lieutenant colonel.  In May 03, he recorded his home of record as XXXXX when he commissioned and had no break in service until he retired [sic] in Mar 21.

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 13 Sep 21 for comment (Exhibit D), and the applicant replied on 8 Nov 21.  In his response, the applicant provided documentation in support of his request, to include:  (1) 2014 XXXXX tax documentation; (2) XXXXX automobile insurance identification card; and (3) a copy of his AF IMT 766, which includes his XXXXX mailing address, and Home of Record listed as XXXXX.    

The applicant’s complete response is at Exhibit E.

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, to include the applicant’s rebuttal, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2NA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Upon appointment, the applicant’s HOR was listed as XXXXX and the applicant did not have a break in service that would have allowed for a change in HOR.  Therefore, the Board recommends against correcting the applicant’s records.

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-2021-02188 in Executive Session on 2 Dec 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, dated 17 Jun 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2NA, dated 10 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Sep 21.
Exhibit E:	Applicant’s Response, w/atchs, 8 Nov 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.