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AF | BCMR | CY2014 | BC 2014 00939
Original file (BC 2014 00939.txt) Auto-classification: Denied
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 driver’s license and social security card with the 
state of Indiana.  He would like his official military records to 
reflect the same information.

The applicant’s 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 applicant’s 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 applicant’s request 
establishes an injustice.  It is the board’s opinion, should the 
applicant be required to present a DD Form 214 with his former 
name to external audiences, the applicant’s 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 driver’s license, and a 
corrected social security card.  Therefore, we recommend the 
applicant’s record be corrected as indicated below.




THE BOARD RECOMMENDS THAT:

The applicant’s 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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