AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 97-03558 

COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 

He 
to 

OR) be changed from 

APPLICANT CONTENDS THAT: 

The  HOR  chosen  for  her  seems  to  have  been  based  on  her  high 
school  di 

nt, her  HOR  became  his HOR, 

household  goods  to 
weight  allowance is 

to return. She never intended to return tq 

In support, she provides  a  review  from a paralegal  service and 
other documents pertaining to this issue. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
the  Regular Air  Force  on 
Applicant  enlisted 
where  she  resided  as  a 
24 August  1995  at 
se.  Upon her enlistment, 
dependent o 
ed from the service. Enlistment records showed 
her husband 
since  that  was  the  location  from  which  she 
her  HOR  as 
enlisted. H 
essing for separation, she 
was advised by  the Transportation Management Office that, based 
e  house hold 
on  her  HOR,  she  would  not  be  entitled  to 
changed to 
that her HOR of 
HOR was administ 
changed to 
8 December  1997, the  location where 
school.  However, on 10 December  1997, 
the  applicant's  husband's  request  to  have  his  travel  and 

transportation  entitlements extended  was  granted  until  30  July 
nt  travel  and  shipment  of 
1998.  Consequently,  member 
household  goods  from 
would  be  allowed  under  his 
orders. 

Applicant separated from the service on 24 February 1998. 
Based  on her  National Agency  Questionnaire, d 
ed  in  the  United  States  in 

AIR FORCE EVALUATION: 

The Chief, Skills Management Branch, HQ AFPC/DPPAE, reviewed this 
appeal and states that HOR is the place recorded as the home of 
the  individual when commissioned, enlisted, or ordered into the 
relevant  tour  of  active  duty.  It  is  recorded  in  the  military 
personnel  record  for  the  sole  purpose  of  determining 
transportation  entitlements  upon  separation.  While  legal 
addresses may  change during a  member's career, the  HOR  remains 
constant.  The HOR can be changed only if there has been a break 
in  service of  one  full  day  or  a  bona  fide  error  was  made  in 
recording information given by  the member. The HOR  must  be  the 
actual home  of  the member upon  entering  the  service and not  a 
different  place  selected  for  the  member's  convenience.  As 
information,  upon  retirement,  travel  and  transportation 
entitlements  are  to  Home  of Selection, not  HOR.  This  office 

ratively  corrected  applicant's HOR  to 
based  on  documentation provided.  She 
ation  to  substantiate  changing  her 
. As a result, denial is recommended. 

A  copy  of  the  complete  Air  Force  evaluation  is  attached  at 
Exhibit C. 

The Senior Attorney-Advisor, HQ AFPC/JA, also reviewed the case 
and  explains  the  concept  of  HOR, which  requires  understanding 
three  things: the  legal  definitions of  domicile  and  residence; 
the  effect  that  the  Soldiers'  and  Sailors'  Civil  Relief  Act 
(SSCRA) has had  on the  residence/domicile of  military  members; 
and the military definition and purpose of HOR.  These issues are 
discussed at length. Residence is the place where a person lives 
right now, while domicile is the place where a person intends to 
permanently  reside  in  the  future.  According  to  the  SSCRA, a 
military  member  who  enters the  military  from  State A  does  not 
lose  his  domicile  and  residence  in  State  A  unless  the  member 
makes a decision to abandon State A for some other location where 
he  is  physically  present.  That  protection  does  not,  however, 
follow the spouse of the military member. HOR  is not defined in 
Black's  Law  Dictionary.  It  is  a  military  term  used  for  one 
specific purpose: the computation of distance for the shipment of 
household goods after a service member completes his  service or 

2 

97-03558 

for travel  of  dependents of  a member  who  dies on  active  duty. 
Applicant's argument  that  her  HOR  should  be  the  same  as  her 
husband's since she was married  to a service member at  the time 
of  her  enlistment  is  fundamentally  flawed.  She  is  not  the 
property  of  her  husband  and does not  automatically pick  up  her 
husband's HOR. Subsequently, it must be assumed that her HOR was 
either the location where she enlisted or the last location where 
she  and  her  service  member  husband  resided  prior  to  the 

could  legitimately claim -, 
rly from the facts available, she was 
nd  certainly  was  not  a  permanent 
HOR  was appropriate to 
t  has  not  provided  any 

prevent  an 

enlistment was 
that  her  husba 

decision to na 

and  that, the  author  opines,  is  her 
e requested relief be  denied; however, 
the  author  recommends  that  the  applicant's  HOR  be  changed  to 
he location of her last legal residence 
States prior to her enlistment. 

A  copy  of  the  complete  Air  Force  evaluation  is  attached  at 
Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

On 9 February 1998, complete copies of the Air Force evaluations 
were  forwarded to the applicant's last known address, which was 
in  Japan, for  review and  comment within  30  days.  As  of  this 
date, no response has been received by this office. 

THE BOARD CONCLUDES THAT: 

1.  The applicant has exhausted all remedies provided by existing 
law or regulations, 

2 .   The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice. After a 
thorough  review  of  the  evidence  of  record  and  applicant's 
submission, we are not persuaded that her HOR  should be  changed 
Applicant's 
from 
contentions  are  duly  noted;  however,  we  do  not  find  these 
assertions,  in  and  by  themselves,  sufficiently  persuasive  to 
override the very thorough comments and rationale provided by the 

to 

j^ 

3 

97-03558 

Senior  Attorney-Advisor.  We 
therefore  agree  with  the 
recommendations of  HQ AFPC/JA and adopt  the rationale expressed 
as the basis  for our decision that  the applicant  has  failed to 
sustain her burden that  she has  suffered either an error or an 
injustice. In view of the above and absent persuasive evidence to 
the contrary, we  find no compelling basis to recommend granting 
the relief sought. 

~~ 

4.  However, we do believe some correction of applicant's records 
is  warranted.  In  this  reqard,  we  noted  the  Senior  Attorney- 
Advi 
changed 
from 
Based on 
at ionale 
our 
for  this  amendment  and  recommend  applicant's  records  be  SO 
corrected. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating  to 
record was 

o  show 
ther tha 

e 

The following members of the Board considered this application in 
Executive Session on 2 3   July 1998, under  the provisions of  AFI 
3 6 - 2 6 0 3 :  

Ms. Martha Maust, Panel Chair 
Mr. Robert W. Zook, Member 
Mr. Kenneth L. Reinertson, Member 

All  members voted  to correct the records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 2 2   Dec 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPAE, dated 6  Jan 98. 
Exhibit D.  Letter, HQ AFPC/JA, dated 3 0   Jan 98. 
Exhibit E.  Letter, AFBCMR, dated 9 Feb 98. 

MTHA MAUST  ' 

Panel Chair 

4 

97-03 5 5 8 

DEPARTMENT  O F  THE  AIR  FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL C E N T E R  

RANDOLPH AIR  FORCE BASE TEXAS 

I 

MEMORANDUM FOR AFBCMR 
FROM:  HQ AFPClDPPAE 

550 C Street West, Ste 10 
Randolph AFB TX 78150-4712 

SUBJECT:  Application for Correction of Record 

06 JAN  1998 

licant requests her Home of Record (HOR) changed fko 
The applicant filed a timely request within three years 

injustice. 

HOR is defined as the place recorded as the home of the individual when commissioned, 
enlisted, or ordered into the relevant tour of active duty.  It is recorded in the military personnel 
record for the sole purpose of determining transportation entitlements upon separation, or those of 
dependents in the event of a member’s death while on active duty.  While legal addresses may 
change fi-om time to time during a member’s career, HOR remains constant.  HOR cau be changed 
only if there has been a break in service of one full day or a born fide error was made in recording 
information given by member.  The HOR must be the actual home of the member upon entering 
the service, and not a different place selected for the member’s convenience. As information, 
upon retirement, travel and transportation entitlements are to Home of Selection, not HOE 

‘ n 24 August 1995, the applicant enlisted in the RegAF fro 

a dependent of her then active 
ien the applicant began processi 
ed her that, based on her HOR 
household goods shipment.  The applicant 

R process.  We admini 
(based on documentation provided).  Although 

estabrish state residency for colleg 
substantiate changing her HOR to 
applicant’s request. 

c 

. As a result, we recommend denial of the 8.. 

OGAN,C 

t,USAF 

Chief, Skills 

c 

\ 
DEPARTMENT O F  THE AIR  FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL CENTER 

R A N D O L P H  AIR  FORCE B A S E  TEXAS 

MEMORANDUM FOR AFBCMR 
FROM  HQ AFPC/JA (Maj Reed) 
550 C Street West Ste 44 
Randolph AFB TX 78 150-4746 

SUBJECT: Application for Correction of Military Records - 

c 

30 January 1998 

- 

REOUESTED ACTION: ADDlicantmxmests that her home of record OKOR) be 

changed fro 

BASIS FOR REQUEST: Applicant believes that it is an error for the Air Force to use 
the location at which she graduated fiom high school as her HOR.  She believes that her HOR 
should be the HOR of her formerly military spouse. 

FACTS: Applicant enlisted in the Air Force on 24 Aug 95 for a term of four years.  Prior 

to her enlistment, she was 

her at her current duty assignm 
owever, it has since been admini 

location where she graduated from high school. 

active duty Air Force enlisted member. 

was residing with her husband, at 
nce separated from the Air Force and is 

as 
P the 

DISCUSSION Resolving applicant’s petition involves understanding the concept of 
HOR. HOR,  however, is not necessarily a simple concept.  To fully understand HOR, we need 
to understand three. things:  the legal definitions of domicile and residence; the effect that the 
501 - 591, has had on the residenaddomicile 
Soldiers’ and Sailors’ Civil ReliefAct, 50 USC 
of military members; and the military definition  and purpose of HOR. 

’ 

According to Black’s Law Dictionary‘ domicik is “[tlhat place where a mah has his true, 
fixed, and permanent home and principle establishment, and to which whenever he is absent he 
has the intention of returning.”  The secondary definition in BZack’?  is [tlhe permanent residence 
of a person or the place to which he intends toreturn even though he may actually reside 
eIsewhere.”  Residence, hoyever, is significantly different from domicile.  Black ’? defmes 
’ BIack’s  Law Dictionary, 5th ed.,  West Publishing Company, 1979, at page 435. 
Id. 
Id at 1176. 

residence as “b]ersonal presence at some place of abode with no present intention of definite and 
early removal and with purpose to remain for undetermined period, not infrequently, but not 
necessarily combined With design to stay permanently.”  Thus, residence is the place where a 
person lives right now, while domicile is the place where a person intends to permanently reside 
in the future.  Domicile and residence can be, and frequently are, the same place.  In fact, most 
people reside at their domicile. 

One provision of the Soldiers’ and Sailors’ Civil Relief Act,  Section 574, provides that 
when a person is absent fiom their State of domicile and residence by virtue of military-orders, 
that person and his personal property do not lose their domicile or residence for purposes of taxes 
and licenses, nor does that person become a legal resident or domicile of the State to which their 
military orders assign them for purposes of taxes or domicile.  What this means is a military 
member who enters the military fiom State A does not lose his domicile and residence in State 
A, unless the member makes a decision to abandon State A for some other location where he is 
physically present.  That protection does not, however, follow the spouse of the military member. 

You will not find “home of record” defined in Black’s.  HOR is a term unique to the 
military and is defined as the residence of a recruit at the time the recruit first enters military 
service.  For most recruits, domicile and residence are the place they are living when they enter 
military service.  Thus, it has become commdn practicefor reixbiters to enter ‘the place of 
residence at the time of recruitment as the HOR.’ 

HOR is defined as the actual home of an individual service member prior to her 

enlistment, commissioning, or relevant tour of active duty. It is a military term that is used for 
one specific purpose, the computation of distance for the shipment of household goods afkr a 
service member completes his service or for travel of dependents of a service member who dies 
on active duty. HOR has no other legitimate use and no legitimate appIication for any purpose in 
the civilian community. Moreover, it does not determine or indicate current legal residence. 

As a general rule, HOR can only be changed under two specific conditions.  First, it can 
be changed when a service member separates fiom the service and reenlists after an actual break 
in service.  Second, it can be reestablished when the service member can provide evidence that 
the original €€OR was in error. 

error.  She claims her HOR should be the same as her husband’s since she was married to a 
service member at the time of her enlistment.  Applicant’s argument is, however, fundamentally 
flawed.  Her HOR at the time of her enlistment is not automatically her husband’s legal 
residence.  Her residence and domicile can change to her husband’s domicile only by virtue of 
her residing in that location for a period long enough to establish her personal residence.  She is 

‘ Generally. only college students, who enlist fiom a school not located near their home, have an HOR that i s  not the 

location fiom which they mlisted. 

2 

not the property of her husband and does not automatically pick up her husband’s HOE5 
SubsequentIy, we must assume that her HOR was either the location where she enlisted, or the 
last location where she and her service member husband resided prior to the assignment at 

Enlistees do not have the right to pick and chose their HOR.  HOR is the place of 

-Thus, 

residence at the time of enlistment, unless the enlistee provides evidence that he is domiciled in a 
place other than his residence. 
applicant could legitimately claim 
available, applicant was not a d 
a change in her H 

before us, we are ofthe opinion that 
as her HOR. Yet, clearly fiom the facts 
ertainly was not a permanent resident of 
vent an unjust result.  Logically, the 
HOR would thus be the piace where she resided prior to her arrival i-The 
problem that 
arises is that the Air Force must determine that location firom the evidence in applicant’s records 
and the evidence presented by applicant in her application. In correcting applicant’s HOR, the 
Air Force looked to her military r 
location 
where she graduated fkom high s 
and 
claim 

any evidence that her last legal residence 

ent was at or n 

, she has not submitted records of vot 

erefore, conclude that there is 
was her HOR at the time of her enlistment. 
, we are also of the opinion that the Air Force’s dkcision 

HOR. 

c 

- 

in the United States in 
s applicant’s correct 

Interestingly, in less enlightened times, the Air Force would have assigned her her husband’s HOR automatically simply 
5 
because she was a woman. That practice is no longer acceptable, however, because it makes the assumption that a female 
spouse is incapable of choosing her own residence and r e l h s  to a time when women were legally the chattel of their 
spouse. 
While military members can cha& 
registeriig to vote, getting driver’s licenses, occupational licenses, or purchasing property with an intent to maintain that 
location as a permanent residence, military spouses become rcsidents of the place where they are residing because the 
protections of the SSCRA do not apply to them.  Military spouses like all civilians become residents of the place they are 
living simply by virtue of their physical presence in that location. 

their place of permanent residence by doing things such as registering cars, 

3 

RECOMMENDATION: We recommend that the Board deny the relief requested in this 

application for failure to prove the existence of the error or injus 
recommend the Board direct that applicant’s HOR be changed to 
location of her last legal residence and domicile in the United States prior to her enlistment. 

WILLARD K. MCKWOOD 
Senior Attorney-Advisor 

4