RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00432
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect his last name change.
APPLICANT CONTENDS THAT:
His last name was changed effective 9 May 90, after his parents
divorced.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
6 Jan 70 and served on active duty until he was honorably
discharged on 10 Dec 73.
On 9 May 80, the applicants name was changed, based on the
decree of change of name, by the state of Indiana.
On 24 Mar 15, the applicant was forwarded a copy of the SAF/MR
memorandum, dated 9 Mar 15, that was provided in order to comply
with 10 U.S.C. §1556. Specifically, the memorandum notes that
the DD Form 214 is a document primarily created for the benefit
of the veteran to establish entitlement to various government
programs or in seeking employment with organizations that grant
a veterans' preference. However, any such name change should be
limited only to the DD Form 214; any change to an applicant's
other records to reflect a post-service name change should
rarely be recommended, and only in the most unusual cases. The
AFBCMR should require proof that the applicant's name was
legally changed. A signed and authenticated court order should
be required. Further, the correction should be to the
DD Form 214 and for the limited purposes of mitigating an
injustice caused by use of the DD Form 214.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial indicating there is no evidence of
an error or an injustice. In accordance with Air Force
Instruction, 36-2608, Military Personnel Records System, Table
A7.3, Do not correct records of former members unless evidence
proves the name used while serving with the Air Force was
erroneously recorded. As this was the name the applicant
presented for enlistment and there was no change to his name
during enlistment, it does not appear to have been erroneously
recorded.
A complete copy of the 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 28 Jul 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
While we acknowledge the applicants request to change his name
because of his parents divorce, we do not believe he has
demonstrated evidence of an injustice, as compared to others in
his similar situation. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the
requested relief.
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-2014-00432 in Executive Session on 21 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 28 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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