RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00920
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His name, as reflected on his DD Form 214, Report of Separation
from Active Duty, be corrected from to
APPLICANT CONTENDS THAT:
The Department of Veteran Affairs (DVA) made him aware his name
was incorrect.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
23 May 73 and served on active duty until he was honorably
discharged on 22 May 77.
The applicant subsequently served in the Tennessee Air National
Guard from 7 Mar 81 until 17 Feb 84, when he was honorably
discharged.
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 applicants records revealed that he
enlisted, served, and was released from Active Duty under the
name of . An Air Force Form 281, Notification
of Change in Service Members Official Records, dated 25 Jun 85,
was found in the applicants record but this change did not take
effect until well after the applicant was released from Active
duty on 22 May 77 and while the applicant was serving as a
Reserve member.
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.
While a review of the applicants records revealed an official
name change request, said request was initiated after the
applicant was discharged from the Air National Guard and when he
no was no longer affiliated with the military service, as an
active, reserve, or retired member. Therefore, in view of the
fact that AFI 36-2608, Military Personnel Records System, Table
A7.3, Note 5 indicates that records of former members should not
be corrected unless evidence proves the name used was
erroneously recorded while serving with the Air Force, we find
no basis to conclude the applicant is the victim of an error or
injustice and therefore 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-2014-00920 in Executive Session on 22 Jan 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00920 was considered:
Exhibit A. DD Form 149, dated 27 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 20 Mar 014.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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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 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...
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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. 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...
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DPSIRP states 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. The applicants dates of service are from 9 August 1949 through 20 August 1951. As the documentation of the applicants name change is dated after their period of service, it does not appear the Air Force erroneously recorded the applicants name. ...
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According to the court order provided by the applicant, dated 15 Jan 13, his legal name has been changed to 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. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial,...
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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 (AFI) 36-2608, Military Personnel Record System, Tab A7.5, Correction of DOB, Note 3 reads Do not correct records of former members unless evidence proves the date of...
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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. The absence of any original or a certified copy of the legal supporting documentation is not sufficient to evaluate whether the date was recorded in error. Exhibit C. Memorandum, AFPC/DPSIRP,...