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.
APPLICANT CONTENDS THAT:
Through a court order, on 19 Sep 11, his name has been legally
changed with the state of Alaska. 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 18 Nov 08, the applicant initially entered the Regular Air
Force and served on active duty until he was honorably discharged
on 25 Apr 10.
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.
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. 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
we acknowledge the applicants request to change his name, we do
not believe he has demonstrated evidence of an injustice, as
compared to others in his similar situation. Therefore, in the
absence of evidence to the contrary, we 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-2014-01132 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 21 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 27 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14, w/atchs.
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