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AF | BCMR | CY2005 | BC-2004-02787
Original file (BC-2004-02787.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02787
            INDEX CODE:  112.07
      xxxxxxxxxxxxx    COUNSEL:  NONE

      xxxxxxxxxxxxxx   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active  Duty
be corrected to reflect his name change.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Other military records have been changed and he would like his DD Form
214 changed to provide continuity and to avoid confusion.

In support of his request, the applicant provides a Superior Court  of
Arizona, County of Coconino, Order Changing  Name  of  an  Adult  (un-
notarized), and a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 April 1980,  and
was retired in the grade of master sergeant on  31 January  2003.   He
served 22 years, 9 months and 21 days of total active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommends denial.  DPF states  that  AFI  36-2608,  Military
Personnel Records System, allows for the correction of the name  after
the fact  for  retirees  if  the  name  was  legally  changed  and  an
acceptable copy of the document changing the name is provided as  part
of the application.  On 4 October 2004, the  applicant  was  asked  to
provide either the original document or a certified or notarized  copy
of the original document that changed his name, and as of 19  November
2004, they have received no response.

On 4 October 2004, he was also informed that the requested  change  to
his DD Form 214 could not be made because his name was  changed  after
his retirement date and his DD Form 214  properly  reflects  the  name
relative to his period of military service.

The DPF evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant apologizes for the untimely submission  of  a  certified
copy of the original document by the Clerk of the  Superior  Court  as
evidence of his name change, and provided a certified copy.

His complete response, with attachment, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  The  Board  notes  the  applicant
provided a notarized copy of the original court order which officially
changed his name and  will  cause  his  name  to  be  administratively
corrected within the military personnel data system.  We also note the
applicant was informed that his request to  change  his  DD  Form  214
could not be accomplished, because  his  name  was  changed  after  he
retired and his DD 214 properly reflects  the  name  relative  to  his
period of military service.  However, as an exception to  policy,  and
to provide continuity within his military records, the Board  believes
his DD Form 214 should be changed to reflect his new name.  Therefore,
we recommend that his records be corrected  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show  that  his  DD  Form  214,
Certificate of Release or Discharge from Active  Duty,  issued  on  31
January  2003,  be   amended   in   Block   1   (Name)   to   reflect,
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, as an exception to policy.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
02787 in Executive Session on 13 January 2005, under the provisions of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. Garry G. Sauner, Member

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

      Exhibit A. DD Form 149, dated 2 Sep 04, w/atchs.
      Exhibit B.       Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPF, dated 19 Nov 04, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 24 Nov 04.
      Exhibit E. Letter, Applicant, dated 9 Dec 04, w/atch.




      RICHARD A. PETERSON
      Panel Chair


AFBCMR BC-2004-02787




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 APPLICANT, be corrected to show  that  his  DD  Form
214, Certificate of Release or Discharge from Active Duty,  issued  on
31  January  2003,  be  amended  in  Block  1   (Name)   to   reflect,
XXXXXXXXXXXXXXXXXXXXXXXX, as an exception to policy.

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