RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00939
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect his name be changed.
APPLICANT CONTENDS THAT:
Through a court order, on 10 Feb 14, his name has been legally
changed on his drivers license and social security card with the
state of Indiana. He would like his official military records to
reflect the same information.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Dec 00, the applicant initially entered the Regular Air
Force and served on active duty until he was honorably discharged
on 27 Dec 06.
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. The court order changing the
applicant's name is after the applicant's period of service.
After reviewing the applicants enlistment, service, and discharge
records, there is no evidence his name was recorded erroneously.
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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an error. We took notice of the applicant's
complete submission in judging the merits of the case. While the
Board notes the comment from AFPC/DPSIRP that the applicant
enlisted, served, and was separated under his former name, we
believe the information provided in the applicants request
establishes an injustice. It is the boards opinion, should the
applicant be required to present a DD Form 214 with his former
name to external audiences, the applicants circumstances would
require him to disclose personal history that is needlessly
intrusive thereby constituting an injustice. Further, we note the
applicant has provided sufficient evidence of a formal name change
by an authorized court order, a corrected drivers license, and a
corrected social security card. Therefore, we recommend the
applicants record be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The applicants original DD Form 214, Certificate of Release or
Discharge from Active Duty, be removed, and a new DD Form 214 be
issued to reflect the name of in Block 1.
The following members of the Board considered AFBCMR Docket Number
BC-2014-00939 in Executive Session on 23 Apr 15 under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 12 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14, w/atchs.
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