RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02972

XXXXXXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her home of record (HOR) be changed from XXX to XXX.

APPLICANT’S CONTENTIONS

The HOR on her DD Form 214, Certificate of Release or Discharge from Active Duty, from her 2018 deployment is incorrect.  The correct HOR was filed in 2014 and is correct on all other paperwork, except her most recent DD Form 214.  The DD 214 requires correction so she may apply for State Veterans Affairs (VA) benefits.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) technical sergeant (E-6).  

On 14 Feb 13, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the ANG.  The applicant’s HOR is identified as XXX.  The applicant’s enlistment order, dated 29 May 13 into the ANG also shows her HOR is XXX.  

On 29 Apr 14, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was released from a period of active duty.  Her HOR is listed at XXX. 

On 26 May 15, according to DD Form 214, the applicant was released from a period of active duty.  Her HOR is listed as XXX.  

Her active duty orders for partial mobilization (PM) for the period of 6 Apr 18 to 22 Aug 18 shows her itinerary for travel was from XXX, to XXX, and with return to XXX.  

On 22 Aug 18, according to DD Form 214, the applicant was released from a period of active duty.  Her HOR is listed as XXX.   

On 14 Feb 19, according to DD Form 4, the applicant reenlisted in the ANG.  The applicant’s HOR is listed as XXX.   

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.  The place of entry (POE) changes only if there is a break in service exceeding one full day, in which case it is the POE into the new period of service.  

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 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 the victim of an error or injustice.  The Board notes the applicant’s HOR when she enlisted on 14 Feb 13 was listed as XXX and there does not appear to be a break in service of more than one full day; however, the applicant provides sufficient evidence to substantiate her contention her HOR was changed from XXX per her DD Form 214 issued on 26 May 15.  The applicant’s PM orders for the period of 6 Apr 18 to 22 Aug 18 also lists her address as XXX.  However, for unknown reasons, her DD Form 214 issued 22 Aug 18 reflects her HOR as XXX, per her enlistment in the ANG.  Moreover, the applicant’s DD Form 4 shows she reenlisted in the ANG on 14 Feb 19 with HOR of XXX.  In view of the foregoing, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show: 

a.	At the time of her enlistment in the Air National Guard on 14 Feb 13, her HOR was XXX, rather than XXX.  

b.	Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued 22 Aug 18, Item 7B, Home of Record at Time of Entry, reflect XXX rather than XXX.   

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-2021-02972 in Executive Session on 8 Feb 22:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Aug 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C: Applicable Guidance, DD Form 214 Personnel Services Delivery Guide,

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.