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Decision Text

AF | BCMR | CY2013 | BC 2013 00310
Original file (BC 2013 00310.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00310
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect his name as “Rivera Feliciano, 
Jean C.”, instead of “Rivera, Feliciano Jean Carlos”.

________________________________________________________________

APPLICANT CONTENDS THAT:

The order of his name is incorrect in his military personnel 
records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 26 Oct 04 and served on active duty 
until 25 Sep 10 when he was furnished an honorable discharge and 
credited with 5 years and 11 months of total active service.

The applicant’s military personnel records indicate that he 
served under the name “Rivera, Feliciano Jean Carlos” during his 
military career.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial, indicating the applicant has not 
provided appropriate legal documentation to support his request.  
Air Force Instruction 36-2608, Military Personnel Records 
System, Table A7, allows the Air Force to make these changes if 
the data in question was recorded in error.  On 4 Feb 13, they 
sent the applicant a letter requesting that he forward the 
original or a certified copy of the legal document that changed 
his name.  The applicant has not provided the requested 
supporting documentation.  The absence of such documentation 
does not provide proof the data was recorded in error or if the 
name change was made before the he was discharged from the Air 
Force.  Therefore, they are unable to amend his military record 
after the fact.

The complete AFPC/DPSIRP evaluation is at Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 Mar 13 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 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 find no evidence of an error or injustice.  
Based on the available evidence of record, the applicant has not 
provided any evidence to show that his name, as it appears in 
his military personnel records, was recorded in error.  
Furthermore, the applicant’s military personnel records reflect 
that his DD Form 214, Certificate of Release or Discharge from 
Active Duty, was accurately prepared in accordance with 
governing directives and his name mirrors his enlistment 
agreement which was verified by the applicant’s initials and 
signature.  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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-00310 in Executive Session on 31 Oct 13 and 9 Dec 
13, under the provisions of AFI 36-2603:

		                 , Panel Chair
		                 , Member
		                 , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 22 Dec 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIRP, dated 27 Mar 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 13.




                                   
                                   Panel Chair




3



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