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AF | BCMR | CY2006 | BC-2006-01476
Original file (BC-2006-01476.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01476
            INDEX CODE:  100.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  14 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her last name in her military records be changed from S. J. E-M to S      J.
E       .

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was divorced on 16 Feb 96 and the divorce judgment  ordered  restoration
of her former name, S J. E.

In support of  her  request,  applicant  provided  a  copy  of  her  divorce
judgment.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Documents found in applicant’s military personnel records indicate  that  at
the time of her initial entry into military service her name was  listed  as
S J. E.

On 29 Jan 90, applicant was placed on the Temporary Disability Retired  List
(TDLR), at that time her name was listed as S J. C.  On 20 May 91,  she  was
permanently retired from the Air Force and her name was listed  as  S  J.  C
(McG).

As of 10 May 06, the Military Personnel Data System shows her name as  S  J.
E-M.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPS recommends denial and states, the divorce  judgment  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 Instruction 36-2608,  Military  Personnel  Records  System,  Table
A7.2, Rule 2, states that 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 2 Jun 06,  requesting
the required document.   The  applicant  failed  to  provide  the  necessary
document.

The AFPC/DPS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 Aug 06, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment 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  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error  or  injustice.   We  note
the applicant was asked to provide an original  or  certified  copy  of  her
divorce judgment as required by the Air Force Instruction  to  make  a  name
change.  To date the applicant has failed  to  do  so.   Therefore,  in  the
absence of such evidence, we find  no  compelling  basis  to  recommend  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  Docket  Number     BC-2006-
01476 in Executive Session on 20 September 2006,  under  the  provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01476 was considered:

    Exhibit A.  DD Form 149, dated 4 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPS, dated 27 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair

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