RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04581 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her last name be corrected on her DD Form 214, Certificate of Release of Discharge from Active Duty. 2. Her last name be corrected in the Personnel Data System (PDS), Tricare and the Defense Finance and Accounting Services (DFAS) systems (Administratively corrected by AFPC/DPSIRP). _________________________________________________________________ APPLICANT CONTENDS THAT: On 13 Feb 13, she was legally divorced. In support of her appeal, the applicant provides copies of her Fi’snal Judgment of Simplified Dissolution of Marriage, military Identification (ID) card, driver’s license and DD Form 2866, Retiree Change of Address Request/State Tax Withholding Authorization. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 May 10, the applicant retired from active duty. On 13 Feb 13, the applicant divorced and her Final Judgment of Simplified Dissolution of Marriage restored her last name to her former name. On 5 Dec 13, AFPC/DPSIRP notified the applicant that her request to update her last name in the PDS was completed. DPSIRP also provided DFAS a copy of the AF IMT 281, Notification of Change in Service Member’s Official Records they created as a source document. On 8 Jan 14, AFPC/DPSIZ notified the applicant that her last name was correctly reflected in the Defense Enrollment Eligibility Reporting System (DEERS) and that DEERS was reporting her name change to Tricare, including her issuance of a DD Form 2, United States Uniformed Services ID Card (Retired). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to change her last name on her DD Form 214. AFI 36-3202, Separation Documents is the governing directive for the DD Form 214 and it directs the name on the DD Form 214 be recorded as listed on the military member’s DD Form 4, Enlistment/Reenlistment Document-Armed Forces of the United States. A review of the applicant’s reenlistment documents reflects her last name remained the same until the DD Form 214 was published on 30 Apr 10. In instances where a name change is effective after the publication of a DD Form 214, the applicants provide those agencies providing the benefit/entitlement or service their DD Form 214 as prepared and show legal documentation to explain the change (i.e. marriage certificate or divorce decree). The complete DPSOR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUAITON: A copy of the Air Force evaluation was forwarded to the applicant on 7 Mar 14, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to grant the relief sought in 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 AFBCMR Docket Number BC-2013-04581 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 15 Sep 13, w/atchs. Exhibit B. Applicant’s Available Personnel Records. Exhibit C. AFPC/DPSOR, dated 28 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 7 Mar 14. Panel Chair