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AF | BCMR | CY2002 | 0200099
Original file (0200099.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00099

            COUNSEL:  NONE


            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The inaccurate spelling of his name in his record be corrected  and
that he receive credit for foreign service duty from  Oct  1951  to
Nov 53.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be  in  error  or
unjust and the evidence submitted in support of the appeal  are  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the applicant’s master personnel  record
reflects that he enlisted in the Regular Air Force on 30 April 1951
for a period of four (4) years.  He  was  honorably  discharged  on
15 Dec 53.  His DD Form 214, Report of Separation  from  the  Armed
Forces of the United States, reflects that he  completed  2  years,
7 months and 16 days of total  active  service,  with  1  year  and
11 days of foreign and/or sea duty.

Applicant’s  records  contain  several  documents  reflecting  both
versions of his name and what appear to be  both  versions  of  his
signature.

On 25 Jun 02, HQ AFPC/DPSAMP inserted an AF Form 281,  Notification
of Change in Service Member’s Official Record, in  the  applicant’s
records reflecting the requested name change.

On 25  July  02,  HQ  AFPC/DPPRSP  administratively  corrected  the
applicant’s overseas service time to  read  2  years  and  19  days
rather than 1 year and 11 days.

___________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They state that all  the  documents  in  the  applicant’s  military
records, including his DD Form 214, show the name  “D---  D---  and
are signed with the same name.  The member has not  shown  that  he
attempted  to  change  his  name  while  he  was  in  the  service.
HQ AFPC/DPSAMP completed the AF Form 281 to change his name on  the
Air Force file for any contact  purpose.   Although  HQ AFPC/DPSAMP
changed his name for contact purposes, his name on his DD Form  214
remains the same since that is the name he served under.

The DD Form 215, Correction to DD Form 214, Certificate of  Release
or Discharge from Active Duty, is only used to correct an error  on
the DD Form 214 if it was in error at the time  of  discharge.   In
the applicant’s case, he signed his name correctly at his  time  of
separation and that was his legal name.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant submitted a personal statement refuting the comments from
the  Air  Force  evaluation.   He  provided  several  documents  to
substantiate his claim of the correct spelling of his name.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  In this respect, we note that
the applicant’s records contain several documents  reflecting  both
versions of his name and that he signed a number of these documents
using both versions.  Nevertheless, based on the evidence provided,
including a copy of his driver’s license, certificate  of  marriage
registration, his grandfather’s certificate of naturalization,  and
copies of family grave markers, we  believe  any  doubt  should  be
resolved in the applicant’s favor and that the spelling of his name
should be corrected as requested.  Accordingly, we  recommend  that
the applicant’s records be corrected to the extent indicated below.

4.  We note that on 25 July 2002, the Air  Force  Personnel  Center
administratively corrected the applicant’s DD Form 214, Certificate
of Release or Discharge from  Active  Duty,  with  respect  to  his
“Foreign and/or SEA Service.”   Therefore,  no  further  action  is
required by  this  Board  with  respect  to  this  portion  of  his
application.
___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT be  corrected  to  show  that  his  name  was
spelled “D--- D---.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
02-00099 in Executive Session on 9 October 02, under the provisions
of AFI 36-2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Mr. Clarence D. Long III, Member
                 Ms. Brenda L. Romine, Member

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

     Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Jul 02, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 16 Aug 02.
     Exhibit E.  Letter, Applicant, dated 6 Sep 02, w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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