RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00375
INDEX CODE: 112.07
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect her name change and a new DD Form
214 be issued.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was legally divorced and changed her name on 20 September 2004.
In support of her request, the applicant provides a copy of a Final
Decree of Divorce.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 5 December 1979 for
a period of four years and was retired in the grade of master sergeant
on 1 August 2002. She served 22 years, 7 months and 2 days of total
active service.
She was divorced from her husband on 20 September 2004 and the judge
ordered that her name be changed to____________________.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends denial. DPSO states the divorce decree 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.
Air Force Instructions 36-2608, military Personnel Records System,
Table A7.2, Rule 2, states the documentation required to change or
correct a name as a result of divorce is the original or certified
copy of the divorce decree. A letter was sent to the applicant on 15
March 2006, requesting the required document. As of 10 May 2006, the
applicant has failed to provide the necessary documents.
The DPSO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 May 06, for review and comment within 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The applicant was asked to
furnish the original or certified copy of her divorce decree to
support her claim, but did not respond to the request. Since she has
failed to provide the required documentation requested in order to
meet the legal requirements, to be used as a source document, it is
our opinion that no basis exists to grant the relief sought in this
application. Accordingly, the applicant's request is not favorably
considered.
_________________________________________________________________
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 Docket Number BC-2006-
00375 in Executive Session on 27 June 2006, under the provisions of
AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Josephine L. Davis, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 06 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSO, dated 16 May 06.
Exhibit D. Letter, SAF/MRBR, dated 19 May 06.
CHARLES E. BENNETT
Panel Chair
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