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AF | BCMR | CY2002 | 0200167
Original file (0200167.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00167
            INDEX CODE 100.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His name be changed on his DD Form 214 from J--- W---  to  J--- W---.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  birth  certificate  was  filed  incorrectly  upon  entering   the
military.  In addition, his dependents will not have any problems with
legal matters or benefits that he is entitled to upon his death.

In support of his submission, the applicant  submits  a  copy  of  his
birth certificate and other related documents.

Applicant’s complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 January 1968 and  was
progressively promoted to the grade of sergeant  having  assumed  that
grade effective and with a date of rank of 1 March 1970.  On  12  June
1975, he was honorably discharged from the Air Force after  serving  7
years, 5 months and 4 days of active service.

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 C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denied.  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 this case, the member signed his name correctly
at his time of discharge and this was his  legal  name.   Accordingly,
DPPRS recommends his records remain the same and his request to change
his name on the DD Form 214 be denied.  He  has  not  filed  a  timely
request.

All  documents  in  the  member’s  military  records   including   his
enlistment contracts and DD Forms 214, show the name  and  are  signed
with “W---.”  The member stated that when he joined the  military  his
birth certificate was incorrect; however, the member never  showed  an
attempt to change his name while he was in  the  service.   While  the
member’s name has been changed on the Air Force file for  any  contact
purpose, his name on his DD Form 214 remains the same  since  this  is
the name he served under.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 15 Mar 02, for review and comment within 30 days.  As  of
this date, no response has been received by this office.

_________________________________________________________________

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 file timely.

3. Insufficient relevant evidence has been  presented  to  demonstrate
the existence of error  or  an  injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, the Board agrees with the opinion and recommendation  of  the
Air Force and adopt its rationale as the basis for the conclusion that
the applicant has not been  the  victim  of  an  error  or  injustice.
Therefore, based on the available evidence of record, the Board  finds
no basis upon which to favorably consider this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  02-00167
in Executive Session on 25 April 2002, under the provisions of AFI 36-
2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Jan 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 1 Mar 02.
      Exhibit D. Letter, SAF/MRBR, dated 15 Mar 02.





      JOSEPH A. ROJ
      Panel Chair


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