RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00488
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The name reflected on his DD Form 214, Report of Separation from
the Armed Forces of the United States, be amended to reflect the
name on his birth certificate.
APPLICANT CONTENDS THAT:
A local parish priest issued him a birth certificate with the
incorrect spelling of his name as shown on his DD Form 214. The
priest told him that the oldest son should be named after his
father and refused to change his name.
The Board should find it in the interest of justice to consider
his untimely application because upon his death, he wants to be
interred at local military cemetery with the proper name.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214 and his birth certificate.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served on active duty from 6 January 1951 to
5 January 1955.
On 24 March 2015, a copy of the SAF/MR memorandum, dated 9 March
2015, was forwarded to the applicant 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. 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. If there are extreme
circumstances that support corrections to other Air Force
records, it was recommended that the panel clearly determine
what specific records that must be corrected to eliminate the
determined error or injustice. (For example, a blanket
correction to any and all records without a specific
understanding of the records being corrected could be
interpreted as an arbitrary action, and therefore should not be
done). 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. (Exhibit F)
THE AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel
Records System, allows the Air Force to make name changes on
prior service personnel if the data in question was recorded in
error. It does not appear the Air Force erroneously recorded
the applicant's name. His records reflect that he enlisted,
served and was discharged under the name that is currently
reflected on his DD Form 214. Since the applicant has no
continuing affiliation with the Air Force as Reserve member or
retiree, DPSIRP cannot amend his military record after the fact.
The complete DPSIRP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 30 May 2014, a copy of the Air Force evaluation was forwarded
to the applicant 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. In this
respect, we note that DPSIRP states the applicant enlisted
served and was discharged under the name that is currently
reflected on his DD Form 214. However, after carefully
reviewing the documents in the applicants record, we note that
several variations of the applicants name are used. In view of
this, and in an effort to be consistent, we believe the interest
of justice can best be served by providing the applicant a DD
Form 214 that matches the birth certificate he provides.
Accordingly, we recommend the applicants DD Form 214 record be
corrected as set forth below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, specifically the DD Form 214,
Report of Separation from the Armed Forces of the United States,
issued in conjunction with his 5 January 1955 separation, be
declared void and a new DD Form 214 be issued to reflect the
applicants name in Block 1.
The following members of the Board considered this application
in Executive Session on 23 April 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00488 was considered:
Exhibit A. DD Form 149, dated 24 January 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 16 May 2014.
Exhibit D. Letter, SAF/MRBR, dated 30 May 2014.
Exhibit E. Letter, SAF/MR, dated 9 March 2015
Exhibit F. Letter, SAF/MRBR, dated 24 March 2015.
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