RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05184
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His name be corrected to reflect his name as and he be issued a DD Form 215.
________________________________________________________________
APPLICANT CONTENDS THAT:
He applied to the Veterans Affairs (VA) medical center and was
denied because the name on his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, does not match
his name as it is now. He legally changed his name while he was
in the service.
In support of his appeal, the applicant submits his birth
certificate and his social security card.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force who served
from 20 August 1965 through 15 January 1969. His DD Form 214
does not reflect the name stated in his request.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel
Records System, allows the Air Force to make changes on prior
service personnel if the data in question was recorded in error.
The veteran did not include the appropriate legal documentation
to support his request.
A letter was sent to the applicant on 17 December 2012,
requesting that he forward the original or a certified copy of
the legal document that changed his name for consideration in
deciding the outcome of his request. As of the date of the
advisory, that information had not been received.
In the absence of supporting documentation, there is no proof
the data was recorded in error or that the name change was made
prior to the veterans discharge. With no supporting
documentation, and because the applicant has no continuing
affiliation with the Air Force as a Reserve member or retiree,
his record cannot be amended.
The complete DPSIRP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response, he states that his mother changed his name soon
after he was born. He was called Joseph since the first grade.
He spent 11 years in the North Carolina National Guard and his
name was listed as requested. He now seeks help from the VA and
they will not assist him until his name is corrected on his
DD Form 214.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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. After a
thorough review of the evidence provided, we are not persuaded
that his name as currently reflected in his military records is
incorrectly recorded. Therefore, 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. In
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
However, we advise the applicant submit to the VA a certified
copy of the legal document that identifies his name change for
their review and consideration.
________________________________________________________________
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 AFBCMR Docket
Number BC-2012-05184 in Executive Session on 22 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Oct 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 5 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13.
Exhibit E. Letter, Applicants Response, undated, w/atchs.
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