Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-01857
Original file (BC-2002-01857.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01857
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His surname in his military personnel records be changed from M------ to M--
-----.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never had a birth certificate until he was a senior in high  school.   He
enlisted in the Air Force under the name M-----.  He states  that  he  would
like to have his name changed on his records.

In support of his appeal, the applicant provided a copy of his birth  record
and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 January  1950  in  the
grade of airman basic for a period of four (4) years.

Applicant was discharged on 11 January 1954, in the grade  of  airman  first
class, under the provisions of AFR 39-10 (Expiration of  Term  of  Service).
He served a total of 4 years total active military 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 (Exhibit C).

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated  that  the  applicant  stated
that he never had a birth certificate until he was a senior in high  school.
 When the applicant enlisted in  the  Air  Force  on  12  January  1950,  he
completed the NME Form 4, Enlistment  Record  –  United  States  Air  Force.
This enlistment contract, as well as all  other  military  documents,  lists
his last name as M------, and furthermore, the member signed  all  documents
in the same fashion.  This is the only name the member was known  by  during
his military service.  HQ AFPC/DPSAMP notified the member on  15  July  2002
that his military records have been changed per  his  request.   This  means
the applicant’s records and the retired file now show the applicant as A----
-- M. M-------.  However, his DD Form 214 remains the same  since  this  was
his name during military service.

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  time  of  the  discharge.   In  this  case,  the
applicant enlisted, served and signed his  name  as  it  is  listed  on  his
discharge form.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 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 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 an  error  or  an  injustice.   After  reviewing  the  evidence
submitted with this appeal, we are persuaded that  the  applicant’s  surname
should be  changed.   As  noted  by  AFPC/DPPRS,  AFPC/DPSAMP  notified  the
applicant that his military records, with the exception of his DD Form  214,
have been changed  per  his  request.   The  Board  is  persuaded  that  the
applicant has provided sufficient documentation to warrant a change  to  his
DD Form 214.   In addition, we  note  that  the  Air  Force  has  apparently
effected changes in the applicant’s records but refuses  to  change  the  DD
Form 214.  In our opinion, the DD Form 214 is inaccurate  because  while  it
indicates the applicant’s surname at the time of  separation,  that  surname
has now been determined to be incorrect.  In view of  the  above  the  Board
recommends that his record be corrected to the extent indicated below

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the name of APPLICANT, to include the DD Form 214, Report  of  Separation
from the Armed Forces of the United States,  be  corrected  to  reflect  the
surname M------- rather than M------.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-01857
in Executive Session on 22 October 2002, under the  provisions  of  AFI  36-
2603:

            Ms. Olga M. Crerar, Panel Chair
            Mr. Mike Novel, Member
            Ms. Martha Maust, Member

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

   Exhibit A.  DD Form 149, dated 4 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 6 September 2002,
                   w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.




                 OLGA M. CRERAR
                 Panel Chair


AFBCMR 02-01857





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to the name of, to include the DD Form 214, Report of Separation
from the Armed Forces of the United States, be corrected to reflect the
surname       rather than          .




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2002 | 0102378

    Original file (0102378.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: The 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: HQ AFPC/DPSAMP reviewed this application and recommended denial. We took notice of the applicant's complete submission in...

  • AF | BCMR | CY2002 | BC-2001-02316

    Original file (BC-2001-02316.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSAMP recommended denial of the applicant’s request for a name change. If the court order was dated on or before the applicant’s discharge date, a correction would be possible. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...

  • AF | BCMR | CY2003 | BC-2002-02001

    Original file (BC-2002-02001.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSAMP recommended denial. In response to a previous request, they had asked the applicant to provide a certified copy of the birth certificate reflecting the correct spelling of his last name before they could make the requested change. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number 02- 02001 in Executive...

  • AF | BCMR | CY2002 | 0200241

    Original file (0200241.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00241 INDEX CODE 100.06 COUNSEL: American Legion HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from 2B to 3A so that he may pursue a career in the U. S. Army. The evidence of records supports the stated reasons for the applicant's ineligibility to reenlist and we are...

  • AF | BCMR | CY2003 | BC-2002-03730

    Original file (BC-2002-03730.doc) Auto-classification: Denied

    The applicant did not submit any new evidence nor provide facts warranting an upgrade of his discharge. However, as of this date, this office has received no response. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we are not persuaded that a change to his characterization of service is warranted.

  • AF | BCMR | CY2003 | BC-2002-03798

    Original file (BC-2002-03798.doc) Auto-classification: Approved

    INDEX CODE: 100.01 AFBCMR BC-2002-03798 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records...

  • AF | BCMR | CY2002 | 0200054

    Original file (0200054.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00054 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other than Honorable Conditions (UOTHC) discharge be upgraded. Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. ...

  • AF | BCMR | CY2002 | BC-2002-00054

    Original file (BC-2002-00054.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00054 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other than Honorable Conditions (UOTHC) discharge be upgraded. Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. ...

  • AF | BCMR | CY2002 | 0201391

    Original file (0201391.DOC) Auto-classification: Denied

    The relevant facts pertaining to this application, extracted from his available military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. In response to the Board's request, the Federal Bureau of Investigations (FBI) provided a copy of an investigative report pertaining to the applicant (see Exhibit G). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS, reviewed applicant’s request and...

  • AF | BCMR | CY2002 | 0201202

    Original file (0201202.doc) Auto-classification: Denied

    Without any documentation pertaining to the applicant's military service, or that he was injured as a direct result of enemy action, DPPPR can not verify his eligibility for the Purple Heart. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and stated that he signed his DD Form 214, dated 21 August 1952 without reading it and it is inaccurate. There was no evidence presented, other than his...