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Decision Text

AF | BCMR | CY2011 | BC-2011-05797
Original file (BC-2011-05797 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05797
		COUNSEL:  NONE
	XXXXXXXXXXXXXXXXX	HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His name be changed on his DD Form 214, Report of Separation 
from Active Duty.

________________________________________________________________

APPLICANT CONTENDS THAT:

He recently began working on Fairchild Air Force Base and was 
told to have his name corrected on his DD Form 214. 

In support of his request, the applicant provides a personal 
statement, copies of his passport, driver’s license and DD Form 
214.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial.  DPSIRP states that Air Force 
Instruction 36-2608, Military Personnel Records System, allows 
the Air Force to make name changes on prior service personnel if 
the data in question was recorded in error.  The applicant did 
not include the appropriate legal documentation to support his 
request.  On 14 Jan 2013, DPSIRP sent him a letter requesting he 
provide the original or certified copy of the legal document 
that changed his name for consideration in deciding the outcome 
of his request. As of 25 Mar 2013 the requested supporting 
documentation has not been received from the applicant.  The 
absence of any supporting documentation does not provide proof 
that the data was recorded in error or if the name change was 
made before the veteran was discharged from the Air Force.

The complete DPSIRP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 1 Apr 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
D).

________________________________________________________________

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 this application 
in Executive Session on 27 Aug 2013, under the provisions of AFI 
36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence was considered in AFBCMR BC-
2012-05797:

   Exhibit A.  DD Form 149, dated 12 Nov 2012, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIRP, dated 25 Mar 2013. 
   Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 2013.




                                    
                                   Acting Panel Chair


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