RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00506
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military records be changed to reflect his correct first name that is reflected on his birth certificate.
APPLICANT CONTENDS THAT:
While in the Air Force, he had misspelled his first name. It wasnt until after separating from the military service, while reviewing his birth certificate he realized he had misspelled his first name.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 10 Aug 55.
On 31 Oct 58, the applicant was furnished an under other than honorable conditions (UOTHC) discharge, and was credited with 2 years, 11 months, and 27 days of active service.
On 14 Jan 80, the applicants appeal to the Air Force Discharge Board to change the type and nature of his discharge was denied.
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 (Exhibit E). As of this date, no response has been received by this office.
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. Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, Note 5 states, "Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded." A review of the applicant's available records revealed that he enlisted, served, and was discharged under the name of "Everis McCray Richmond." It does not appear the Air Force erroneously recorded the applicant's name. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, his record cannot be amended administratively after the fact.
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. The Board did take into consideration SAF/MRs memorandum, dated 9 Mar 15, Guidance To The Air Force Board For Correction oF Military Records (AFBCMR) Name Changes; however, we determined that a Notification of Birth Registration provided by the applicant does not supplant the official birth certificate as enough evidence to overcome the presumption of regularity. In this respect, we note the Notification of Birth Registration provided by the applicant is issued by a government agency based on information in the birth certificate itself. Without a copy of the applicants actual birth certificate, we do not find the evidence presented sufficient to conclude that the applicants name was incorrectly recorded when he enlisted in the Air Force. 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-2014-00506 in Executive Session on 19 May 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 5 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated DD 28 Jul 14.
Exhibit E. Letter, SAF/MRBR Name Change Notification,
dated 24 Mar 15, w/atch.
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