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AF | BCMR | CY2013 | BC 2013 04581
Original file (BC 2013 04581.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04581
		COUNSEL: NO
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her last name be corrected on her DD Form 214, Certificate 
of Release of Discharge from Active Duty.

2.  Her last name be corrected in the Personnel Data System 
(PDS), Tricare and the Defense Finance and Accounting Services 
(DFAS) systems (Administratively corrected by AFPC/DPSIRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 13 Feb 13, she was legally divorced. 

In support of her appeal, the applicant provides copies of her 
Fi’snal Judgment of Simplified Dissolution of Marriage, military 
Identification (ID) card, driver’s license and DD Form 2866, 
Retiree Change of Address Request/State Tax Withholding 
Authorization.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 May 10, the applicant retired from active duty.  

On 13 Feb 13, the applicant divorced and her Final Judgment of 
Simplified Dissolution of Marriage restored her last name to her 
former name.

On 5 Dec 13, AFPC/DPSIRP notified the applicant that her request 
to update her last name in the PDS was completed.  DPSIRP also  
provided DFAS a copy of the AF IMT 281, Notification of Change 
in Service Member’s Official Records they created as a source 
document. 






On 8 Jan 14, AFPC/DPSIZ notified the applicant that her last 
name was correctly reflected in the Defense Enrollment 
Eligibility Reporting System (DEERS) and that DEERS was 
reporting her name change to Tricare, including her issuance of 
a DD Form 2, United States Uniformed Services ID Card (Retired).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to 
change her last name on her DD Form 214.  AFI 36-3202, 
Separation Documents is the governing directive for the DD Form 
214 and it directs the name on the DD Form 214 be recorded as 
listed on the military member’s DD Form 4, 
Enlistment/Reenlistment Document-Armed Forces of the United 
States.

A review of the applicant’s reenlistment documents reflects her 
last name remained the same until the DD Form 214 was published 
on 30 Apr 10.  In instances where a name change is effective 
after the publication of a DD Form 214, the applicants provide 
those agencies providing the benefit/entitlement or service 
their DD Form 214 as prepared and show legal documentation to 
explain the change (i.e. marriage certificate or divorce 
decree).

The complete DPSOR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUAITON:

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 Mar 14, for review and comment within 30 days 
(Exhibit D).  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 an error.  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 the 
rationale expressed as the basis for our conclusion that relief 
beyond that already granted administratively is not warranted.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to grant 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 AFBCMR Docket 
Number BC-2013-04581 in Executive Session on 8 Jul 14, under the 
provisions of AFI 36-2603:

			Panel Chair
          Member
		Member

The following documentary evidence was considered:

			Exhibit A.  DD Forms 149, dated 15 Sep 13, w/atchs.
			Exhibit B.  Applicant’s Available Personnel Records.
			Exhibit C.  AFPC/DPSOR, dated 28 Jan 14.
			Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 14.




								
								Panel Chair

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