RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01376
COUNSEL: NONE
AKA:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge From Active Duty, be changed to reflect XXXXX.
APPLICANT CONTENDS THAT:
His name was legally changed.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicants photocopy of his DD Form 214 is of poor quality. Hence, the National Personnel Records Center (NPRC) provided him a Form 13038, National Archives and Records Administration, which certifies he was a member of the United States Air Force from 4 May 1994 until he was furnished an honorable discharge on 3 May 1998, in the grade of Senior Airman.
On 25 November 2013, according to an Order for Change of Name, in the District Court of Tulsa County, State of Oklahoma, provided by the applicant, his name was changed from XXXXX to XXXXX.
On 25 March 2015, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 March 2015, 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 (Exhibit E).
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. In accordance with Air Force Instruction, 36-3208, Military Personnel Records System, the records of former members will not be corrected to reflect a name change 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 discharged under the name of XXXXX. Furthermore, the court order changing the applicants name is dated 25 November 2013, which is after his period of service. As such, it does not appear the Air Force erroneously recorded the applicants name.
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 29 September 2014 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. While the board notes the applicant provided a court order legally changing his name, he has not provided compelling evidence as to why he believes this is 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. 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-2014-01376 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 January 2014, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 2 June 2014.
Exhibit D. Letter, SAF/MRBR, dated 29 September 2014.
Exhibit E. Letter, SAF/MRBR, dated 25 March 2015, w/atch.
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