RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00153
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, block 7b, be corrected to reflect Texas..
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. The current entry (Commack, New York) reflects the address of
his parents when he entered the United States Air Force Academy
(USAFA) in 1988. He elected Texas as his state of residence and
has not been a resident of New York since the age of 17.
2. His W-2, Wage and Tax Statement 1992 and drivers license for
the year of his commissioning (1992) are evidence of his status.
3. The home of record error affects his entitlement to veterans
benefits as a resident of Texas.
In support of his request, the applicant provides copies of his
DD Form 214 and other documents in support of his application.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 May 2011, AFPC/DPSIPS sent the applicant a letter
clarifying his home of record and how it is determined.
On 29 August 2011, the applicant responded to the DPSIPS letter
stating he agreed with their research and assessment of the
definition of home of record. However, he still requests his
DD Form 214, Block 7b be corrected to read Cypress, Texas, his
correct home of record.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPS recommends denial. There may be some confusion
involving the difference between Home of Record and State of
Legal Residence. The two terms are related, but independent of
one another. Home of Record reflects the residence at the time
of entitlement, while state of legal residence reflects the
state in which an individual claims as their current residence
for legal and tax purposes.
Some states may offer benefits in the way of education and the
like for individuals who entered military service from the
state. The purpose of establishing a Home of Record is to
document the individuals residence on the date entered military
service, which could be used to determine their eligibility for
state benefits and entitlements.
While a member may become a legal resident of a different state
during or following military service, this does not translate to
a change in the individuals home of record. Unless a member
has a complete break in service greater than 24 hours, the home
of record will never change.
The applicant resided in Commack, New York at the time he
entered the USAFA. It was not until the applicant changed his
state of legal residence to Texas that changing his home of
record became an issue.
At no time was the applicant a resident of Texas prior to
entering the USAFA or entering active duty service.
The complete DPSIPS evaluation, with attachment, is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 2 December 2011 for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The
applicants contentions are duly noted; however, he has provided
no evidence which would lead us to believe the home of record
currently reflected in his records was incorrectly recorded at
the time he initially came on active duty. Therefore, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary,
we find no basis to favorably consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2011-00153 in Executive Session on 29 Mar 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 January 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. AFPC/DPSIPS, Letter, dated 30 November 2011, w/atch.
Exhibit D. SAF/MRBR, Letter, dated 2 December 2011.
Panel Chair
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