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AF | BCMR | CY2002 | BC-2001-03667
Original file (BC-2001-03667.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03667
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her name be changed from K----- L. S----- to K----- L. F-----  in  her
military personnel records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She signed an original DD Form  2656,  Data  for  Payment  of  Retired
Personnel, on 20 September 2001.  All  information  on  the  form  was
correct at the time she signed it.  She married on 6 October 2001  and
was  unable  to  update  this  form  before  her  separation  date  on
16 November 2001.  Therefore, she needs  the  form  updated  with  her
spouse’s information.

In support of her appeal, the applicant provided a personal statement,
marriage certificate, and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the period in question, the applicant enlisted in  the  Regular
Air Force on 18 August 1998 for a period of four (4) years.

On 6 October 2001, the applicant married.

The applicant’s name was placed on the  Temporary  Disability  Retired
List (TDRL) on 17 November 2001, in the grade of staff sergeant.

_________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPSAMP recommended denial.  They indicated that  the  marriage
certificate the applicant provided is not  an  original  or  certified
copy, therefore, it does not meet the legal requirements to be used as
a source document.

Air Force Instruction  36-2608,  Military  Personnel  Records  System,
Table A7.2, Rule 1, states that the documentation required  to  change
or correct a name as a result of marriage is the original or certified
copy of the marriage certificate.  A letter was sent to the  applicant
on 20 May 2002, requesting the required document.  As of 9 July  2002,
the applicant has failed to provide their office  with  the  necessary
documents.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 August and 20 September 2002,  a  copy  of  the  evaluation  was
forwarded to the applicant for review and response within thirty  (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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice.   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
and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
marriage certificate the applicant provided  is  not  an  original  or
certified copy, therefore it does  not  meet  the  legal  requirements
according to Air Force Instruction 36-2608, to be  used  as  a  source
document.  The Air Force Personnel Center has indicated  that  if  the
applicant submits the proper  documents,  they  will  administratively
correct her records.  We would strongly suggest the applicant do this.
 Therefore, in the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of  an  error  or  an  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 01-
03667 in Executive Session on 7 November 2002, under the provisions of
AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 December 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSAMP, dated 25 July 2002, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 30 August &
               20 September 2002.




                       WAYNE R. GRACIE
                       Panel Chair



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