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AF | BCMR | CY2007 | BC-2007-01048
Original file (BC-2007-01048.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01048
            INDEX CODE:  100.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her name in her military records be changed from D--- S.  H-------  to  D---
S. B-------.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She changed her last name in December 2006 to her  married  name  and  would
now like her military records changed to reflect her married name.

In support of her request, applicant provided  copies  of  her      DD  Form
214, Oregon Driver’s License, United States Uniformed Services ID card,  and
marriage certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant married on 12 Feb 89, and kept her maiden name “Howard”.

Applicant’s DD Form 214, Certificate of Release  or  Discharge  from  Active
Duty, indicates that at the time of her retirement  on     31  Jan  07,  her
last name was listed as “H------.”

In Dec 06, applicant changed her last name to “B-------” (her married  name)
at the Social Security Office.

Her last name was changed in DEERS on 1 Jan  07,  and  her  U.S.  Air  Force
Retired card reflects her last name as “Brantley.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSO recommends denial, and states, the marriage certificate  submitted
does not contain an original signature or a raised  seal  attesting  to  its
authenticity and 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 source documentation for this  action  is  the
original or certified copy of the marriage certificate.  A letter  was  sent
to the applicant on 16  Apr  07  requesting  that  she  provide  either  the
original or a certified copy of the marriage certificate.  As of 26 Jun  07,
the applicant has failed to provide the necessary document.

The AFPC/DPSO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a notarized copy of her  marriage  certificate  and  asks
that this be accepted in place of the original copy.  She also  states  that
her driver’s license, military retired ID card, and  social  security  card,
already show her married name.

Applicant’s complete response, with attachment, is attached at Exhibit D.

EXAMINER’S NOTE:  I contacted the OPR to ask if the notarized “copy” of  her
marriage certificate would suffice, and they stated that it  would  not.   A
“copy” notarized, is not acceptable. The marriage certificate should  be  an
original or obtain a raised seal.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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
marriage certificate as required by the Air Force Instruction  to  make  the
name  change.   A  notarized  copy  of  her  marriage  certificate  is   not
acceptable.  Should the applicant provide the  appropriate  source  document
required to make this correction the Air Force office responsible  for  this
action will make this correction in her military record.  Therefore, in  the
absence of evidence  to  the  contrary,  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  Docket  Number     BC-2007-
01048 in Executive Session on 13 September 2007,  under  the  provisions  of
AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Vice Chair
      Ms. Patricia R. Collins, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01048 was considered:

    Exhibit A.  DD Form 149, dated 28 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSO, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
    Exhibit E.  Letter, Applicant, dated 25 Jul 07, w/atchs.




                                             PATRICIA J. ZARODKIEWICZ
                                             Vice Chair

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