RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01947
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 20 Apr 02 separation be
changed to reflect his new legal name , rather than .
APPLICANT CONTENDS THAT:
His name was legally changed by court order through the Virginia
State Court system under Virginia (VA) Code SS 8.01-217 and
would like to have this reflected on his DD Form 214.
His sole purpose for having his name changed was because of his
own personal preference.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 10 Jul 01, the applicant initially entered the Regular Air
Force.
On 20 Apr 02, the applicant was furnished an honorable discharge
with a reason for separation of personality disorder. He was
credited with 9 months and 11 days of active service.
According to a court order, provided by the applicant, dated
13 May 05, 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. §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 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).
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial, indicating there is no evidence of
an error or injustice. In accordance with Air Force Instruction,
36-3208, Military Personnel Records System, Table A7.3, Do not
correct records of former members unless evidence proves the name
used while serving with the Air Force was erroneously recorded.
A review of the applicants records revealed that they enlisted,
served and were discharged under the name of . The court order
changing the applicants name is dated 13 May 05, after the period
of service. It does not appear the Air Force erroneously recorded
the applicants name. Since the applicant has no continuing
affiliation with the Air Force as Reserve member or retiree,
DPSIRP is unable to amend his military record after the fact.
The complete 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 10 Oct 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
A copy of the SAF/MR memorandum was forwarded to the applicant on
21 Apr 15 for review and comment within 30 days (Exhibit E). 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. 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice. In
addition, the applicant has not provided, to our satisfaction, a
reasonable basis to have his name changed. 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-2014-01947 in Executive Session on 4 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 14, w/atchs.
Exhibit B. Pertinent Excerpts from Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 25 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
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