RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02439

XXXXXXXXXXXXX	COUNSEL:  NONE
	
		HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Forms 4/1, Enlistment/Reenlistment Document - Armed Forces of the United States be corrected as follows:

1.  Date of reenlistment 26 Apr 98, to change Block 3, Home of Record, from XXXXX to XXXXX and Block 4, Place of Enlistment/Reenlistment, from Military Entrance Processing Station (MEPS) XXXXX to XXXXX.

2.  Date of reenlistment 17 Apr 04, to change Block 3, Home of Record, from XXXXX to XXXXX and Block 4, Place of Enlistment/Reenlistment, from XXXXX MEPS to XXXXX.

APPLICANT’S CONTENTIONS

After his original enlistment in XX, he did not live there again.  During the reenlistments, and to date, he has lived in XX.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7). 

On 9 Mar 84, according to DD Form 4, the applicant enlisted in the Regular Air Force.  The applicant’s HOR is identified as XX and his Place of Enlistment/Reenlistment is identified as XX.  

On 6 Jul 89, according to DD Form 4, the applicant reenlisted in the Regular Air Force.  The applicant’s HOR is identified as XX and his Place of Enlistment/Reenlistment is identified as XX.  

On 26 Apr 98, according to DD Form 4, the applicant reenlisted in the Regular Air Force.  The applicant’s HOR is identified as XX and his Place of Enlistment/Reenlistment is identified as XX.  

On 17 Apr 04, according to DD Form 4, the applicant reenlisted in the Regular Air Force.  The applicant’s HOR is identified as XX and his Place of Enlistment/Reenlistment is identified as XX.  

On 30 Nov 04, the applicant was released from active duty and issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 9 Mar 84 to 30 Nov 04.   His HOR is identified as XX.

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

APPLICABLE AUTHORITY/GUIDANCE

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.

In accordance with Air Force Instruction (AFI) 36-2606, Reenlistment in the United States Air Force, dated 1 Mar 96 and 21 Sep 98, Incorporating Changes from 21 Nov 01, Figure 3.1., Instructions for the DD Form 4-1-2, Enlistment/Reenlistment Document – Armed Forces of the United States:

	Item 4. Place of Reenlistment (POR).  Reenlistees Can’t Change Their POR.  MPFs enter the city and state recorded on the last DD Form 4.  Sample entry:  San Antonio, TX 

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the applicant’s request to change his place of reenlistment (POR).  There is no evidence of an error or injustice in reference to the applicant’s POR on his DD Forms 4.

The guidance for completing the DD Form 4 at the time of the applicant’s referenced reenlistments was AFI 36-2606, dated 1 Mar 96 and 21 Nov 01.  Both AFIs had instructions for completing the DD Form 4 and both references stated the POR in Block 4 can’t be changed.  A review of the applicant’s previous DD Forms 4 confirmed his POR was listed correctly for both his 26 Apr 98 and 17 Apr 04 reenlistments.

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 21 Dec 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 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.  Further, the Place of Enlistment/Reenlistment on both DD Forms 4 was entered in accordance with AFI 36-2606.  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-2021-02439 in Executive Session on 23 Feb 22:

, 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 16 Jul 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 20 Dec 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Dec 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.