RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02216
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The spelling of his last name be corrected to reflect XXXX
rather than XXXX.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it is an error and injustice to have his name
spelled incorrectly.
In support of his request, the applicant provides copies of his
WD AGO Form 53-55, Enlisted Record and Report of Separation
Honorable Discharge, birth certificate, discharge certificate,
and correspondence from the Department of the Army.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records reflect the applicant entered the Army Air
Corps on 28 Feb 43 and honorably separated on 10 Jan 46.
The applicants WD AGO Form 53-55, issued in conjunction with
his separation, reflect the last name XXXXX in Block 1, Last
Name, First, Name, Middle Initial and Block 56, Signature of
Person Being Separated.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIRP recommends denial. DPSIRP states that in
accordance with AFI 36-2608, Military Personnel Records System,
Table A7, the source document for the requested change either
has to be an original or a certified or notarized copy of the
original document. Further, on 8 Jul 10, the applicant was
advised of the necessary documentation required to change his
records. As of this date, the documentation has not been
received.
The complete HQ AFPC/DPSIRP evaluation with is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Oct 10 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no 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-2010-2216 in Executive Session on 23 November 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for Docket
Number BC-2010-02216:
Exhibit A. DD Form 149, dated 30 Dec 09, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIRP, undated.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 10.
Panel Chair
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