RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00994
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military records be corrected to reflect his legally changed
name.
APPLICANT CONTENDS THAT:
He legally changed his name after he was discharged from the Air
Force.
At that time, our country was having problems with Russia and
the belief was his original name might cause employment
challenges; therefore, at the request of a company that offered
him a job as a technical sales representative he legally changed
his name.
In support of his request, the applicant provided a copy of his
Honorable Discharge Certificate, dated 27 Sep 45, a copy of WD
AGO 53-55, Enlisted Record and Report of Separation Honorable
Discharge, and a personal letter detailing why he changed his
name, dated 9 Mar 14.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 12 Feb
43.
On 27 Sep 45, the applicant was furnished an Honorable
discharge, and was credited with 2 years, 1 month, and 14 days
of active service.
The applicants WD AGO 53-55 reflects his name as APPLICANT
On 1 Apr 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 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.
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 applicant did not provide any legal documentation to
authenticate a name change or the date of the action. If the
legal documentation indicated the name change occurred after the
applicant's discharge, they would not approve the request.
Since the applicant has no continuing affiliation with the Air
Force as Reserve member or retiree, they are unable to amend his
military record after the fact.
A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In support of his response, the applicant provides copies of the
court papers that legally changed his name, dated 8 Jan 65.
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-2014-00994 in Executive Session on 5 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-00994 was considered:
Exhibit A. DD Form 149, dated 9 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 25 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14.
Exhibit E. Applicants Letter, dated 7 Oct 14.
Exhibit F. Letter, SAF/MR, dated 1 Apr 15.
AF | BCMR | CY2014 | BC 2014 00814
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. 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...
AF | BCMR | CY2014 | BC 2014 02974
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02974 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His WD AGO Form 53, Enlistment Record and Report of Separation, be changed to reflect his Date of Birth (DOB) as 12 Aug 25, instead of 12 Aug 24. Air Force Instruction 36-2608, Military Personnel Records System, Table A7.5, Note 3 states Do not...
AF | BCMR | CY2014 | BC 2014 01132
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01132 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to change his name. 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...
AF | BCMR | CY2014 | BC 2014 02838
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,...
AF | BCMR | CY2014 | BC 2014 01230
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01230 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His records be corrected to reflect the correct Social Security Number (SSAN) on his DD form 214, Report of Separation from Active Duty. 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...
AF | BCMR | CY2014 | BC 2014 01340
AFI 36-2608, Military Personnel Records System, states Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded. The court ordered name change occurred after the applicants period of service; therefore, it does not appear the Air Force erroneously recorded the applicants name. In the past, the Board has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect...
AF | BCMR | CY2014 | BC 2014 03449
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03449 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect her maiden name. 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...
AF | BCMR | CY2013 | BC 2013 04914
The from and to dates on his NA Form 13038, Certificate of Military Service, be corrected to reflect 15 Sep 49 through 14 May 57. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial of the applicants request pertaining to his NA Form 13038 indicating the applicant has not exhausted all available...
AF | BCMR | CY2014 | BC 2014 02204
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02204 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Report of Separation from Active Duty, be amended to reflect her married name. The applicant provides no rationale as to why the Board should consider her untimely application in the interest of justice. We took notice of the applicants complete submission in judging the merits of the case;...
AF | BCMR | CY2013 | BC 2013 00945
In support of his request, the applicant provides copies of his birth certificate, WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge; WD-AGO Form 100, Army of the United States Separation Qualification Record, a witness statement from a lieutenant stating that he was stationed in Tinian, Island, Japan with the applicant and various other documents associated with his request. A review of the applicants master personnel records and documentation submitted...