RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02001
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His name be changed from to in his military personnel records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His surname was misspelled throughout his military service. He was
told to spell it that way because his original birth certificate was
wrong.
In support of his appeal, the applicant provided a copy of his DD Form
257AF (discharge certificate), DD Form 214 (Report of Separation from
the Armed Forces of the United States), and a Amended Certificate of
Live Birth.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 January 1955 for
a period of four (4) years.
A review of the applicant’s military records indicates that he signed
his name “ ” on his Report of Medical History, his
Enlistment Record, AF Form 4, his Service Record, DD Form 230, and on
his Report of Separation from the Armed Forces of the United States,
DD Form 214.
On 4 May 1956, the applicant was discharged with service characterized
as general (under honorable conditions), in the grade of airman third
class, under the provisions of AFR 39-16. He served a total of 1
year, 3 months and 5 days of total active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSAMP recommended denial. They indicated that the amended
birth 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.
A review of the applicant’s master personnel record reveals that the
applicant acknowledged the spelling of his name as Donald E.
Pelletiere by signing both his DD Form 4, Enlistment Record – Armed
Forces of the United States and his DD Form 214, Report of Separation
from the Armed Forces of the United States. The applicant currently
has no affiliation with the Air Force as a Retiree or Reservist.
According to Air Force Instruction 36-2608, Military Personnel Records
System, they cannot correct the records of former members to reflect
changes occurring after discharge. 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 applicant has not yet
provided them the requested documentation.
The evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and provided additional
documentation which 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. 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 birth
certificate the applicant provided is not an original or “raised seal”
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 Board would like to point out that if the applicant
submits a certified copy with raised seal or an original copy of his
amended birth certificate they would be willing to review his case for
possible reconsideration. Without the proper documents, we are not
persuaded to change the applicant’s record. 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 02-
02001 in Executive Session on 14 January 2003, under the provisions of
AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Jay H. Jordan, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 June 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSAMP, dated 2 December 2002,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 December 2002.
CHARLES E. BENNETT
Panel Chair
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