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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