RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01080
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His name be changed on his DD Form 214, Certificate of Release or
Discharge from Active Duty, from to.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is 78 years old and in case of his death, any benefits should not
be questioned from the death certificate.
In support of the appeal, applicant submits copies of two affidavits,
a copy of his Enlisted Record and Report of Separation document, a
copy of his birth certificate, and a copy of AFPC/DPSAMP’s letter.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were lost or destroyed and the following is
the only information available pertaining to his service extracted
from the partially reconstructed record. All available
contemporaneous military records show that the applicant’s name was.
Applicant was inducted into the Army of the United States 30 June
1943. He entered active duty on 14 July 1943 and was assigned to the
Air Corps. Following his successful completion of training, he was
assigned to duties as a aerial gunner. He was transferred to the
European Theater of Operations on 13 September 1944. He was reported
missing in action on 22 February 1945. Information in the file
indicates he was interned in Adelboden, Switzerland, and was returned
to Allied control on 17 May 1945. He returned to the Continental
United States on 12 June 1945 and was honorably discharged by reason
of demobilization on 30 October 1945. He had served 2 years, 3 months
and 17 days on active duty.
On 15 May 2003, an AF Form 281, Notification of Change in Service
Member’s Official Records, was inserted in the applicant’s military
personnel records changing his name to ----. It was indicated that
authority for this change was AFI 36-2603 and a copy of a notarized
affidavit of birth information.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that 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 member enlisted, served and signed his
name as it is listed on his discharge form. Accordingly, they
recommend his records remain the same and his request to change his
name on the DD Form 214 be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 June 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 error or 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 the conclusion that the
applicant has not been the victim of an error or injustice. It is
noted that an AF Form 281 documenting his name change has been
inserted in his records per his request. It is also noted that his DD
Form 214 remains the same since that was the spelling of his last name
during military service. It appears that the applicant’s records have
been corrected in accordance with established procedures for such
cases. Therefore, 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 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 this application, BC-
2003-01080, in Executive Session on 31 July 2003, under the provisions
of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. James W. Russell III, Member
Ms. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 May 03.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 03.
BRENDA L. ROMINE
Acting Panel Chair
HQ AFPC/DPSAMP completed the AF Form 281 to change his name on the Air Force file for any contact purpose. 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. He provided several documents to substantiate his claim of the correct spelling of his name.
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