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AF | BCMR | CY2003 | BC-2003-01080
Original file (BC-2003-01080.doc) Auto-classification: Denied

                       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

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