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Decision Text

AF | BCMR | CY2014 | BC 2014 00432
Original file (BC 2014 00432.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 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 
(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 applicant’s 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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