RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01387

XXXXXXX	COUNSEL: XXXXX
	
		HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

Her home of record (HOR) be changed to XXX

APPLICANT’S CONTENTIONS

XXX is not her HOR.  XXX is where she continues to receive her mail, has long-term residence, and is her state of residency for tax purposes; therefore, it is her HOR.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Regular Air Force captain (O-3).

On 3 Aug 17, according to AF Form 24, Application for Appointment as Reserve of the Air Force or USAF without Component, the applicant acknowledged her HOR is XXXX.

On 14 Aug 17, according to Special Order XXXX, dated 7 Aug 17, the applicant was ordered to extended active duty.  Her HOR is listed as XXXX.

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.

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 a careful review of the applicant's contentions and the available evidence of record, the Board is not convinced the applicant has provided sufficient evidence to conclude she is the victim of an error or injustice.  The HOR when the applicant entered active duty on XXXX, is listed as XXXX, and she did not provide evidence that her HOR was recorded in error. In addition, although the applicant believes XXXX is her HOR because it is her residency for tax purposes, as noted above, the state residence may be updated at any time by completing DD Form 2058 at the MPF.  However, the HOR remains unchanged unless there is a break in service of at least one day.  The applicant did not have a break in service of more than one full day; therefore, a change to her HOR is not warranted.  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-2022-01387 in Executive Session on 30 Jun 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, dated 8 Apr 22.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.

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.