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AF | BCMR | CY2014 | BC 2014 00588
Original file (BC 2014 00588.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00588
	
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His name of his DD Form 214, Report of Separation from Active 
Duty, be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

His birth name as seen on the attached birth certificate, social 
security card, and state identification card has the correct 
name.  His mother did not raise him under his true birth name.

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

________________________________________________________________

STATEMENT OF FACTS:

According to a DD Form 1916, Statement of Name for Use in 
Official Military Records, dated 27 Nov 74, the applicant 
certified that the name currently reflected in his official 
record was the name he preferred to use.

According to the DD Form 4, Enlistment Contract – Armed Forces 
of the United States, dated 2 Dec 74, the applicant enlisted 
under the name currently reflected in his official record.

On 27 Feb 75, the applicant was discharged after serving seven 
days of total active service.

On 25 Mar 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, 
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.  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).  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial.  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 records revealed he 
enlisted, served and was discharged under the name currently 
reflected in his official record.,  Further evidence of this is 
provided by the DD Form 1916 signed by the applicant certifying 
that the name currently reflected in his official record was to 
be used.  It does not appear the Air Force erroneously recorded 
the applicant’s name.

The complete 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 18 Dec 14 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of 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 and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________

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-2014-00588 in Executive Session on 23 Apr 15, under 
the provisions of AFI 36-2603:

	                   , Panel Chair
	                        , Member
	                     , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Feb 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIRP, dated 5 Mar 14.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Dec 14.
	Exhibit E.  Letter, SAF/MRBR, dated 25 Mar 15, w/atch. 


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