RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00814

XXXXXXXX	COUNSEL: XXXXXX
	
		HEARING REQUESTED: NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

In 1992, he changed his HOR from Mississippi to Texas .

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force chief master sergeant (E-9). 

On 30 Sep 20, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant retired and was credited with 30 years and 24 days of active service.  Block 7a, Place of Entry into Active Service, reflects Mississippi.                                                                                                                                   

On 7 Sep 90, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Regular Air Force.  Section 3, Home of Record, reflects  Mississippi.  

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

APPLICABLE AUTHORITY

According to the Air Force Personnel Center (AFPC) 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, the HOR remains unchanged unless there is a break in service of at least one day.

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.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the applicant’s request to change his HOR.  On 7 Sep 90, the applicant entered active duty and his DD Form 4, Section 3 and Section 4, Place on Enlistment, both reflect his HOR as Mississippi.  Additionally, all subsequent DD Forms 4 reflect the same HOR.  The Joint Travel Regulation (JTR), states that “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. Only if a break in service exceeds one full day may the member change the HOR.” Additionally, the JTR states “Travel and transportation allowances are based on the officially corrected recording in those instances when, through a bona fide error, the place originally named at time of current entry into the Service was not in fact the actual home. Any such 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.” The applicant does not have a break in service and there does not seem to be a “bona fide error;” therefore, the applicant cannot change his HOR.  Therefore, based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for member’s HOR. To grant relief would be contrary to the criteria established the JTR, Appendix A.

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 30 Mar 22 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 applicant’s HOR when he enlisted on 7 Sep 90, is listed as Mississippi and 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 the applicant’s HOR is not authorized.  In view of the foregoing, 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-2022-00814 in Executive Session on 18 Aug 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 7 Mar 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2LT, w/atchs, dated 30 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Mar 22.

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.