It can be an expensive and time-consuming battle, and you wont win if you havent made your intentions clear. If a Virginia resident marries a military service member who is a legal resident of North Carolina, and moves to North Carolina with them, then they pretty much dont have any choices theyre a North Carolina resident, unless North Carolina law permits them to retain their previous state of legal residence. Mitchell, according to Mississippi law, you switch your vehicle registration and drivers license to the state within 30 days, or pay a $250 penalty fee. Examples might be college tuition or jurisdiction for divorce. Mail and distribution is delivered to offices and units throughout the installation from 8:15 a.m. to 2 p.m. daily. Airplane*. The secretary of a military department, acting through a board for correction of military records, has authority to change any military record when necessary to correct an error or remove an injustice. Modes of Transportation. Thank you! Will the SCRA help us to request change of DD214? How would you explain the whole concept of having a legal residency state separate from your current residency state to the NH DMV folks? h[[oG+`_9{l;:dE!%QY>-b/u5~05A'ml}7|3u%Z#EzY;Z\!ar"{CU4ld~T. The Military Spouses Residency Relief Act (MSRRA), as it was first passed in 2009, allowed military spouses to claim for tax purposes the same state of domicile as their service member, as long as . From what I am understanding-do we need to go out there and get a place, licenses, etc while he is on terminal leave in order for him to change his HOR to TX? My Record Portal is HRC's self-service portal for Active, Guard, Reserve, Retiree and Veteran Soldiers. HRC Homepage The AMHRR is the Army's System of Records protected . However, Im not familiar with Puerto Ricos rules you may be able to re-establish your legal residency there if they will permit it. In many conversations, you can use these two concepts interchangeably, and it wont make a difference. States may have more generous protections for military spouses, either on purpose or by accident of how their laws are written. However, I am not a lawyer. Your Military Familys Confidently Prepared Life Binder. Thank you! DPFR'sRecords ManagementBranch is now offering a class in military writing and correspondence for all personnel as a part of the JBLM Records Management Program. It makes no provision to obtain that residence. You have to pay higher tuition and fee rates. The intent of this SCRA provision is that service members and spouses are not unnecessarily burdened by the need to change their residence with every move. If you or another veteran is without a home or facing eviction or foreclosure while transitioning out of military service, the Department of Veterans Affairs may be able to help. Just as no single action will establish your legal residence in a state, no single action automatically makes you NOT a resident. Unfortunately, some soldiers unintentionally make enough points of contact with a second (or even third) state to render them potential taxpayers in that new jurisdiction. I have no idea what North Carolinas current laws say on the issue. Spouses and beneficiaries of deceased members must use DD Form 149 (Application for Correction of Military Records). For more details visit, ADRP - Army Doctrine References Publications, ATTP - Army Tactics, Techniques, and Procedures, FY Publication Status Report (CAC required for access), Publishing Resources (CAC required for access), PC/PCO/FMO/EPCO Directory (CAC required for access), usarmy.pentagon.hqda-apd.mbx.customer-service@army.mil, Search Army publications and forms by Number, Title, or Record Detail. It is my opinion (and just opinion) that with the increase in data sharing and states tightening budgets, that will become harder and harder as time progresses. c. If request to change home of record is denied using procedures in paragraph 5-3b, the request with complete justification must be filed with ABCMR. Once that home of record is set, it is, with one tiny exception for enlisted members, your home of record for the duration of your military service. I have been confused on this point as well. U.S. ARMY INSTALLATION MANAGEMENT COMMAND, "We Are the Army's Home - Only the Secretary of the Army and the Initial Denial Authorities (IDAs) may deny a request for Army records. A .mil website belongs to an official government organization in the United States. I was AD with MI as my HOR. Super glad I found your page. Has he actually been sending in those absentee ballots? Home of Record. Well, the time is up and it's your new beginning. For additional questions, reach out to a Military OneSource consultant today. In general, he will eligible for in-state tuition (and the Bright Futures scholarship program) in Florida, and in the state where you are stationed at the time he starts school. Pub/Form Number: DA FORM 3955: Pub/Form Date: 01/01/2015: Pub/Form Title: CHANGE OF ADDRESS AND DIRECTORY CARD: Unit Of . Just sent the letter but I have a bad feeling help? There was small damage of $600, and my insurance said it was covered and under the amount to increase my rates, however they are trying to claim injuries. The 2023 amendments to SCRA say that a service member may use any of these locations for tax purposes: However, if they have non-military income in a state, then that income is taxed in the state where it is earned. January 1, 2023. States can and do pursue military members who arent keeping things clear. Part of this comes down to the way state law is written, part of it comes down to how the individual tries to do it, and, honestly, part of it comes down to how the individual clerks interpret their understanding of what the state law says. Youre pretty clearly a resident of Virginia based upon your actions there and the fact that you are not a resident of Texas. I joined the Navy in 2017 with a HOR and car registration/insurance in California. My husband and I both maintain our OH license. Accredited Financial Counselor, Navy spouse, and mom of four. 102 0 obj <>/Filter/FlateDecode/ID[]/Index[71 64]/Info 70 0 R/Length 133/Prev 516662/Root 72 0 R/Size 135/Type/XRef/W[1 3 1]>>stream While the MSRRA is its own legislation, it is legislation that changes the SCRA, so the SCRA is the actual law that covers this stuff for both the service member and the spouse. This post may contain affiliate links, from which I may earn revenue to support this free site. This may be an easy answer (hopefully) but I want to make sure were doing everything legally. This will change the state listed on your Leave and Earnings Statement and W-2 tax statement, and DFAS will start withholding taxes for that state, if required. Hours of operation are 7 a.m. to 4:30 p.m. weekdays. State of Legal Residence vs. Home of Record | Military.com Im a little confused by a couple of things in your situation. For example, in the state you consider home, you would: Intent is one of the most misunderstood and difficult parts of legal residency. You generally cant change your home of record unless there is a break in service. If you really wanted to change your residency to that state, I suppose maybe you could try and see what happens. Home of Record vs Residency * After the DD-214 Your company may have the ability to withhold Puerto Rico taxes if you inform them of the change to your situation. George, it is generally required that your vehicle be insured in the place where it lives, i.e. 41 CommentsFiled Under: Spouse Careers, Spouses, Taxes. Alternatively, you can try and line up your application process with your terminal leave so you still have the SCRA protections. A service member's "home of record" is the state from which he or she entered the military. You can, however, change your residency (aka which taxes you pay) to wherever you are living now. Its sort of like borrowing if I borrow my friends car for the day, it doesnt give me permission to register it in my own name. I recognize this isnt necessarily about proving state residency. Id guess it unlikely, but thats not professional advice. For example, many states, such as Florida and California, require that you have physically been a resident for 366 days before you can qualify for residency for tuition purposes. If we decide to move after retirement would we be able to keep our Texas residency if we moved out of Texas after retirement? How to you avoid the state tax withholding? He simply had a TX address at the time. Texas is still listed on his LES now 7 years later. 24 comments NimmyFarts 2 yr. ago Please correct me if I am wrong, but you can't change your HOR. Members of the Western military alliance have reached a tentative agreement to ask secretary-general Jens Stoltenberg to remain in the role for another year, according to a US official cited by . I grew up in AZ but moved to WA and enlisted a few years later. You can read more about how this impacts you, and see which states are currently in compliance with the new requirements here:http://www.benefits.va.gov/gibill/702.asp. As long as one of you is on active duty and thus you are both covered by SCRA, you can maintain your current state(s) of legal residence. Im not sure that Ohio is going to permit her to get a drivers license there, as she has no legal ties to Ohio. We are not currently stationed in IL and his next duty station is not in IL. Changing your home-of-record or state of legal residence could alter your benefits and tax burden. Effective January 2023, they do not have to have the same states of legal residence. Therefore, even if you establish residency under the SCRA provisions or use your DD-214 to get a special work around when you are first admitted to the college, you need to go ahead and start the process of establishing residency the way other students do in case you have to prove it again in the future. The Records Management Branch provides oversight, training, and guidance for the JBLM Document Management Program in record-keeping, Army and Air Force addresses, correspondence preparation, office symbols, official mail and distribution, forms and Freedom of Information Act/Privacy Act requests. What is my military state of residence? - Intuit We plan to purchase our next home (either in TN or KY) and move in after our next PCS this summer. The day will come when yourepreparing to transition out of the military. How has he been maintaining his West Virginia residency? Ill also note again that rental property income needs to be reported and taxed, if appropriate, in the state where the property is located. I have a confusing situation that I hope you can help me out with. An individual's home of record is a place recorded as the home of the Soldier when commissioned, appointed, enlisted, inducted, or ordered on active duty. How do I change it? I am currently engaged to an AD member stationed in North Carolina. Demonstrate that you intend to abandon your old state of legal residence. The name stuck, even though it is not the name of the actual law. His HOR is FL and both of our SLR is Florida. READ THE WIKI (www.reddit.com/r/navy/wiki) and do a search before posting--if you're about to ask "I'm arriving at my first command/going on my first deployment" it's likely already been answered. As for me, a non-military spouse- I am from PA, and until August of 2019, I had a PA license even though Ive lived in VA with my spouse since 2016. These are not exactly easy items to accomplish while you are also trying to outprocess your unit, find a new home and a new job, transfer health insurance, and all of the other administrative requirements that civilian life entails. Going forward, Id recommend that both of you are clear and consistent in your intent to maintain your residence in whichever state is right. JAG is definitely going to be your best resource, and they should be able to help you even though the tax service isnt currently open. Current approved JBLM and local publications and forms can be found by visiting theJBLM Publications and Forms Sharepoint page and requires CAC access. hb``a`` L@QV@~CCg#,EbR8O0>dhjPy|@kOc- F@[ PyiF[p'3_T^ Vehicles titled and registered in your name may be driven with . Call 800-342-9647, view international calling options or schedule a live chat. How do you suggest handling this/explaining the military SLR points to the NH registry folks? For more information or to submit a FOIA request, click here. I only promote companies that I love and trust. After you make changes, remember to submit your changes to make sure your updates are made in DEERS. My question is if getting a license and being registered to vote here in VA changes both of our SLRs to VA. The 2023 changes to SCRA give military spouses the right retain a properly-obtained state of legal residence, even if they move due to Permanent Change of Station (PCS) orders. It does not change while you are on active duty. "Home of record" is almost always the state where you first joined the military. However, the federal law is only the minimum protections that states must provide. So what can you do to avoid this costly situation? Finding a place to call home after you separate from the military is one of the first big steps in civilian life. Being able to claim a state of legal residence that isnt the state in which you actually live is governed by federal laws. While it can seem easier to switch things around as you move, it is important to clearly demonstrate your intent. 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. Can I change this in the middle of the year even if we will continue to be physically in NC for a few more months after getting married? Considering the VTBA, can she submit a DD2058 to change her declared SLR with the DOD to my HOR (Texas)? $1.74. Now that Im retired and an AD dependent, where is my legal residence? A lock ( The primary purpose of home of record is to determine military benefits such as travel entitlements upon separation from the military. Please include the out-of-state address where you would like your registration to be mailed. https://www.nh.gov/safety/divisions/dmv/registration/vehicle.htm#renewals. or do I have to wait until the PCS to change? PDF CHANGING STATE OF LEGAL RESIDENCY - U.S. Army Garrisons For example, if your PCS to Ohio, military spouses are required to obtain an Ohio drivers license. For taxes youve already paid to North Carolina, you will have to file a non-resident return to have those taxes refunded. And if youre claiming West Virginia for taxes, Id say that you really want to have a clear and consistent demonstration of intent to keep West Virginia as his state of legal residence. My voter registration card is from MI, but for safety I registered and licensed my vehicle in VA upon my PCS. It being the state he enlisted out of is correct. If you are part of the general public, navigate to the public site. Privately Owned Vehicle (POV) Mileage Reimbursement Rates. Hours of operation are 7:15 a.m. to 4:10 p.m. weekdays. MSRRA (which an amendment to SCRA, so technically the law is SCRA) does not make any provisions for people to change their residence. Q2. Simply buying a house does not make you a resident somewhere. He is now based in VA and has a drivers license, a car registered here, and is registered to vote here. What does his will say? I am an IL resident, currently on active duty but retire on July 1st (2019). I was planning on using my IL residency for college in IL; do I lose my IL residency since my husband (FL resident) is not stationed there and he is not an IL resident? The only time your home of record matters is when you leave the military before reaching retirement. Soldier must submit a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section Our daughter received drivers education in the IL high school and so initial license is an IL license. Anybody know how to change my home of record State? : r/army - Reddit Where to Live After the Military | Military OneSource Then, your final travel entitlements are based on your home of record. I am active duty and my spouse is a reservist. The other 99.9% of the time, folks are actually talking about state of legal residence. Army DA administrative publications and forms by the Army Publishing Directorate APD. If the home of record was originally recorded incorrectly, a change can be authorized. A domicile, sometimes also referred to as state of legal residence, is a person's permanent home and the state he or she intends to return to, even if temporarily absent. All publications need to be reviewed and updated when there has been a change of command at the Joint Base Garrison, I Corps and 62nd Airlift Wing-level. Many, many military members manage to continue using a residence when they dont really qualify, and nothing happens. If either of these situations applies to you, your finance office can help you -- provided you have the right proof. Caleb- where are you currently stationed? My HOR has since been an address in Europe after months of trying to change it. We just want to know if this would be a legitimate way to simplify our taxes and benefit from Texas lack of income tax on her military paychecks during her training/active duty orders? Now you have to meet the same rules as other civilians for requirements like tuition for residency purposes and that isnt always easy for a newly separated servicemember. For Example: When California is a Home of Record and the active duty military is stationed outside of California, the . The FOIA provides for prompt, maximum release of DoD records to the public unless such requested records are specifically exempt from mandatory public disclosure under the FOIA. The decision about your next home will affect the entire family, so include them in every step of the process. First question, though, is did you fill out a DD Form 2058, changing your state of legal residence to wherever you are claiming your state of legal residence? I was medically retired in VA where I and my AD spouse is stationed. Now that Im retired and an AD dependent, where is my legal residence? I have a sticky situation with OH where I joined the military in MI but changed my license, registration, and voting to my next duty station. Notify me of follow-up comments by email. Changing the state on your paycheck records Does Not Change your SLR.To change the SLR, a DD Form 2058 must be submitted to your local finance officer and accepted. Each state decides whether a service member must file a return when they are stationed outside their resident state. Its a pet peeve of mine. Per the New Hampshire Department of Safety Vehicle Registration page, you can renew via mail. However, while some provisions of the SCRA extend beyond your date of separation, sometimes up to 90 or 180 days, much of the SCRA stops on your date of separation. Military spouses do not have a home of record. The Freedom of Information Act (FOIA) is a Federal Law that establishes the public's right to request existing records from Federal Government agencies. But it sounds like that is correct, so there's no need to. There are no provisions to change your home of record unless it is erroneously recorded when you enter the military, or you have a break in service. . He was then based in Texas and supposedly had his SLR changed to Texas. late engr. In most cases individuals will not be allowed to change their home of record. Dont take a homestead credit if it is only for state residents. Then, do your research to find the best match. You cant just decide to pick a state, even if it is your home state and/or you own property there. I dont want to adopt TX as my LSR for tax purposes if my spouse is using it erroneously anyhow. military spouses are required to obtain an Ohio drivers license. If use of privately owned automobile is authorized or if no Government-furnished automobile is available. The SCRA is also why active duty members who are stationed in Maryland but have a home-of-record in Montana could attend college in Maryland at the in state rate and why their spouses and children could too. My driver's license expired and is for an apartment I haven't lived in for 3 years. June 9, 2022, 9:17 a.m. | 6 minute read | 107,662 views Deciding Where to Live When You Leave the Military The day will come when you're preparing to transition out of the military. Hi first, thank you for this wonderful forum and the time you dedicate to answer our questions and help. If you are talking about your state of legal residence, then if you move to Texas, then you can change your state of legal residence to Texas. This is primarily a US Navy-centric subreddit, but all are welcome. %%EOF Also, we would like to be be considered in state for college tuition (for my son). Understanding domicile, residence, home of record My car has been registered in VA since 2016, but I held off on getting a VA license. Individuals requesting a home of record change must submit a written request with Comment * document.getElementById("comment").setAttribute( "id", "a0e5fe651dfacb956dec867f21342f02" );document.getElementById("ef5eefa35b").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. Records Management Branch exists to service and meet the needs of our JBLM customers. While you can change your state of legal residence at any time, your home-of-record can only be changed if it was entered in error or during your next enlistment. My husband is AD and we are moving to Texas from SC. In reality, it is probably the most tax-friendly state youve ever been stationed in. You lose the protections of the SCRA on the first day of retirement, so thats the day you are officially living in Mississippi. PCS Relocation Military Rules for Your Final PCS 25 Mar 2022 Military.com | By Amy Bushatz If you're going through a voluntary military separation, the government will typically pay for one. Your home of record is good as long as you are on active duty and protected by the Servicemembers' Civil Relief Act (SCRA), which is a federal law that provides members of the Armed Forces special privileges and exemptions regarding civil actions. This blog is strictly for informational and entertainment purposes only. Your email address will not be published. Logout. Any I grew up in Massachusetts and entered the military there making it my HOR. She does not have a home of record (nor do you, as a spouse.) Or there may not be workarounds. DOD Safe Helpline - Sexual Assault Support, Domestic Abuse Victim Advocate Locator - Family Advocacy Program, Wounded, Ill or Injured & Their Caregivers, Military OneSource NonMedical Counseling, Spouse Education and Career Opportunities, preparing to transition out of the military, your career path and finding the right job, spouse relocation and transition consultants, CareerOneStop Veteran and Military Transition Center, Emergency Contacts for Disasters & Evacuations. (In my limited experience.). -HOR cannot be changed unless your SRB/ORB has an incorrectly listed address and want to change it to the same address listed on your initial contract. During your out-processing and transition, this will be a topic covered but just in case it isn't here are the basics according to the Stuttgart Law Center: The ability to change your home of record is very limited. I cant guess whether that will be an issue for your insurance company, but I recommend you clear this up with them once the situation is resolved. Login. My husband is still active duty, and plans to be for a few more years. ), then it might be possible to convince Ohio to issue her a license. Unfortunately, Virginia is not one of them. If you click on an advertisement or link, I may be compensated. The law does not permit military spouses to claim their service members state of legal residence in general, just that they may adopt it for purposes of taxes and voting. [] costs due to out-of-state status must be paid for by the veteran. It may or may not be the same as a person's state of legal residence (SLR). Spouses and beneficiaries of deceased members must use DD Form 149 (Application for Correction of Military Records). Renewing a registration while temporarily out of State: Within four months prior to your registration expiration date, please send your renewal notice or registration certificate to the town or city in New Hampshire where you reside, along with the proper payment. In order to demonstrate my intent to permanently reside there I got a NH license. Today, Im going to go in-depth on one of the issues that tripped up a good number of my students and caused many of them to have to drop out, go to a difference college, or pay off mountains of debt. Does adopting the state(license, voting, etc) youre currently stationed in change your SLR? Once you have made your decision on where to move, contact your installationtransportation officeabout scheduling your move. If you are moving there at retirement, youll have to change it anyway because you lose the protections of SCRA upon retirement. The State will not be able to complete your registration if the town fees have not been paid first. You can claim exempt from North Carolina, but youll have to pay Puerto Rico. All rights reserved. Request Correction of Military Records - U.S. Department of Defense According to the Joint Travel Regulations, said reenlistment must include a break in service of at least one day. We have inherited a house in my home state where we intend to retire. Fortunately, you have access to a number of benefits and resources that can help you with this transition. Therefore, for the duration of your time in Virginia, I fear you are a Virginia resident. HOR vs. SLR: What's the Difference? | Military.com Dont change your voter registration, drivers licenses, and vehicle registrations (unless required by state law I dont think either TN or KY require it for service members or spouses. My question is regarding MSRRA, getting married in the middle of a tax year and US Territories. 5) Check in with your school 1-3 months before your date of separation to make sure there havent been any policy or law changes that would require additional steps. Remember that naming a state onthe form does not make you a legal resident of that state you still need to take all the other actions required. Voting Residence - Federal Voting Assistance Program It is time to renew her license, she is still our dependent and we dont know whether she can renew her license in IL or has to get an Ohio one since that is our permanent home of record. MSRRA was the original legislation that amended the SCRA to extend some of the voting and tax protections of the SCRA to military spouses. It has nothing to do with your state. Army Publishing Directorate I am worried that since I have been living in Texas but have CA registration and insurance, my insurance company (Mercury) may void the policy because I havent been living in the state I am insured. Installation Support Modules can also be requested for approval by submitting the request form. Once your husband retires, you are no longer protected under the Servicemembers Civil Relief Act, and you will change your residency with each move like everyone else. where it spends the night. Military Rules for Your Final PCS | Military.com If Ohio is also your state of legal residence, and you have some sort of physical ties to Ohio (perhaps your parents home? Local JBLM publications are issued in the form of circulars, pamphlets, regulations, staff memorandums, supplements and policy statements and should be reviewed every 18 months.
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