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AF | BCMR | CY2011 | BC-2011-01790
Original file (BC-2011-01790.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01790 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His DD Form 2058, State of Legal Residence Certificate, be 
amended to reflect New York for the tax years 2008, 2009 and 
2010. 

 

2. His W-2’s for the tax years 2008, 2009 and 2010, be amended 
to reflect “0” for state wages. 

 

______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he came onto active duty in August 2008, during his 
Commissioned Officer Training (COT) at Maxwell AFB, he was 
provided finance processing paperwork. He was also given a 
briefing regarding the options of declaring a state of legal 
residence for tax purposes. At that time he elected to declare 
the state of Alabama since he would be stationed there on his 
initial assignment. In January 2011, he became aware of the tax 
exemption for New York residents serving in the military and he 
desired to amend his record. He was advised by his accountant to 
contact the Alabama Department of Revenue that advised him that 
they would initiate a case with DFAS on his behalf; he later 
found out that DFAS did not have the authority to amend his 
records. 

 

In support of his request, the applicant submits a personal 
statement, a copy of his driver’s license, New York State Voter’s 
Registration, Servicemembers Civil Relief Act-excerpt, Alabama 
Code-excerpt, and email communiqué. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

______________________________________________________________ 

 

 

 

 

 

 


 

STATEMENT OF FACTS: 

 

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the appropriate office of the Air Force at 
Exhibit B. 

 

______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DFAS-IN recommends denial. DFAS-IN states upon entry into the 
Air Force on 22 August 2008, the applicant signed a DD Form 
2058 stating legal residence of Alabama. This required the Air 
Force to report wages and deduct taxes as required for that 
state. In January, the applicant was made aware of the fact that 
had he reported the State of New York as his state of legal 
residency, which was in fact true, there would have been no tax 
liability since he was performing duties out of state. 

 

Per the Department of Defense Finance Management Regulation (DOD 
FMR) Volume 7A Chapter 44/440106 State and Local Taxes: The 
state in which a member claims legal residence may tax 
compensation and other income regardless of the member’s 
location. Compensation for military service, however, is not 
taxable by any state, territory, possession, political 
subdivision, or district that is not the member’s legal 
residence. 

 

DoD Financial Management Regulation Volume 7A, Chapter 44, July 
2009, 44-9B, Legal Residence: Each member must designate a legal 
residence and report any changes of legal residence. A member’s 
legal residence does not change because of change of permanent 
station. Legal residence at the time of entry into the Armed 
Forces remains the same until changed by the member. 
Notification of legal residence or change of legal residence must 
be accomplished by the member using a DD Form 2058, “State of 
Legal Residence Certificate.” 

 

The applicant filed a DD Form 2058 with the designated legal 
residence of Alabama. There is no error or injustice in this 
case. 

 

The DFAS complete evaluation is at Exhibit B. 

 

______________________________________________________________ 

 

 

 

 

 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 28 October 2011, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). 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 an error or an injustice that would 
warrant action by the Board. We have been advised by the Defense 
Finance and Accounting Service - Indianapolis (DFAS-IN) that the 
relief the applicant seeks is not under the Board’s purview. The 
applicant may wish to determine what relief may exist under 
federal and state internal revenue authorities. Therefore, there 
is no basis for the Board to take action on the applicant’s 
request. 

 

______________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2011-01790 in Executive Session on 2 February 2012, 
under the provisions of AFI 36-2603: 

 

 

 

 

 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-01790 was considered: 

 

 Exhibit A. DD Form 149, dated 29 April 2011, w/atchs. 

 Exhibit B. Letter, DFAS-IN, not dated. 

 Exhibit C. Letter, SAF/MRBR, dated 28 October 2011. 

 

 

 

 

 

 Panel Chair 

 



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