RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00814
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His middle name be changed on his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge.
APPLICANT CONTENDS THAT:
His parents never corrected the error on his birth certificate.
Now that he has changed his birth certificate with the state of
Illinois, he wants to correct his military record.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Oct 67, the applicant initially entered the Regular Air
Force and served on active duty until he was honorably discharged
on 23 Jul 71.
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. AFI 36-2608, Military Personnel Records
Systems, indicates the name of a former member will not be changed
in the military records unless there is evidence it was
erroneously recorded and to not correct records for name changes
occurring after discharge. After a review of the applicants
enlistment, service, and discharge records, there is no evidence
his name was recorded erroneously. The amended birth certificate
changing the applicant's name is dated after the applicant's
period of service.
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 9 May 14 for review and comment within 30 days (Exhibit D). As
of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged error
or injustice was discovered as required by Title 10, United States
Code, Section 1552 and Air Force Instruction 36-2603. Applicant
has not shown a plausible reason for the delay in filing, and we
are not persuaded that the record raises issues of error or
injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the decision
of the Board, therefore, to reject the application as untimely.
?
The following members of the Board considered AFBCMR Docket Number
BC-2014-00814 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 23 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 20 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 9 May 14, w/atchs.
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