RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03264

XXXXXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He lived in XXXX, XXX with his father prior to enlisting in XX and intended to return to XXX to live near his father (XXXXXXX).  During his accession into the XXXXXX, his HOR was changed to XXXX, where he attended medical school, and was verbally instructed to correct this through finance, which he subsequently found only adjusts his state of record for tax purposes.  His HOR needs to be accurately reflected as he intends to retire in XXX and will move back to XXXX

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force major (0-4).  

On 23 Sep 98, 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 Jan 08, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant reenlisted in the Regular Air Force.  The applicant’s HOR is identified as XXXXXXX. 

On 15 Mar 11, according to AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component, the applicant indicated his HOR (section 6, Home of Record) , as XXXX.  His mailing address was XXXXXX

On 22 Jul 11, the applicant was released from active duty and issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period xxxxx to xxxxxx.   His HOR is identified as XXXXXXX.

On 23 Jul 11, per Reserve Order XXXXXX, dated 27 Sep 11, the applicant was appointed as a second lieutenant (O-1) in the Reserve of the Air Force.

On 8 Jun 15, according to AF IMT 766, Extended Active Duty (EAD) Order, dated XXXX, the applicant was ordered to EAD.  His HOR is listed as XXXXXX.

According to a Single Unit Retrieval Format (SURF) from the Military Personnel Database System (MilPDS) dated 13 Dec 21, reflects the applicant’s HOR is blank.  

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with the Joint Federal Travel Regulation (JFTR), Volume I, Appendix A, the Home of Record (HOR) is the place recorded as the individual’s home when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  Additionally, states the place recorded as the individual’s home when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted or inducted or ordered into the tour of active duty unless there is a break in service of more than one full day.

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/DP2NA recommends partially granting the applicant’s request.  On XXXXX, the applicant recorded his home of record as XXXXX when he enlisted into the Air Force Reserve (AFR) and entered onto active duty on XXXX.  On XXXXX, he separated from active duty enlisted status.  On XXXXX, he was commissioned into the AFR as a second lieutenant to attended medical school under the Health Professions Scholarship Program (HPSP).  Between XXX and XXXX, the applicant did have a break in service; therefore his HOR would remain XXXX On XXXXXX, upon completion of HPSP, he was reappointed to the grade of captain and entered onto EAD on XXXXX.  He did not have a break in service of more than one full day between XXXX and XXXXX.

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 XXXXX for comment (Exhibit  D), but has received no response.  

ADDITIONAL AIR FORCE EVALUATION

On XXXXX, the Board staff requested AFPC/DP2NA review their previous advisory, as it contained erroneous information.  

In a memorandum dated XXXXX, AFPC/DP2NA now recommends denial, indicating on XXXXX, the applicant recorded his home of record as XXXX when he enlisted into the AFR  and entered onto active duty on XXXXX.  On XXXXX, he separated from active duty enlisted status.  Subsequently, on XXXXX he was commissioned into the AFR as a second lieutenant to attended medical school under the HPSP.  On XXXXX, upon completion of HPSP, he was reappointed to the grade of captain and entered onto EAD on XXXXX.  He did not have a break in service of more than one full day between XXXX and XXXXX.

The complete advisory opinion is at Exhibit E.

APPLICANTS REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the additional advisory opinion to the applicant on 17 Dec 21 for comment (Exhibit F), 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 notes the conflicting advisory opinions prepared in this case; however, after thoroughly reviewing this application, we concur with the rationale and recommendation of AFPC/DP2NA dated XXXXX and finds a preponderance of the evidence does not substantiate the applicant’s contentions.   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-2021-03264 in Executive Session on 21 Dec 21 and 18 Jan 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 22 Jul 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2NA, dated 6 Dec 21.
	Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 7 Dec 21.
	Exhibit E:  Corrected Advisory, AFPC/DP2NA, dated 15 Dec 21.
	Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 17 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.