RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02154

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  His name in his official military records be changed to Thomas Paine Cooper. 

2.  He be awarded the following commemorative medals:

	a.  Liberation of Kuwait Commemorative Medal.
      
      b.  United States Air Force Service Commemorative Medal.
      
      c.  Honorable Service Commemorative Medal.
      
      d.  Overseas Service Commemorative Medal.  
      
3.  He be awarded the following official military decorations:
      
      a.  Kuwait Liberation Medal-Saudi Arabia (KLM-SA).
      
      b.  Kuwait Liberation Medal-Kuwait (KLM-K) (administratively resolved). 


APPLICANT CONTENDS THAT:

1.  He legally changed his name in 2011 after finding out the name he enlisted and served under in the Air Force was not his original family surname.  
 
2.  He qualified for each of the requested decorations during his period of active duty service. 

The applicant’s complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Jan 89.

On 11 Dec 94, the applicant was furnished an honorable discharge, and was credited with 5 years and 11 months of active service.   

On 8 Aug 14, AFPC/DPSIR directed the applicant’s DD Form 14, Certificate of Release or Discharge from Active Duty, dated 11 Dec 94, be corrected add the Southwest Asia Service Medal with one Bronze Service Star (SWASM w/1BSS) and the Kuwait Liberation Medal-Kuwait (KLM-K).  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and F.    


AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial concerning his request to change his name indicating there is no evidence of an error or an injustice.  AFI 36-2608, Military Personnel Records System, states “Do not correct records of former members unless evidence proves the name used serving with the Air Force was erroneously recorded.”  The applicant enlisted, served, and was discharged under his original name.  On 31 May 11, the applicant officially changed his name.  The Court Order for his name change is dated after his period of service.  Therefore, the Air Force did not erroneously record his name.  Since the applicant has no continuing affiliation with Air Force as a Reserve member or retiree, recommend the applicant’s request be denied.  

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.

AFPC/DPSID recommends denial of his request for awards of decorations beyond that which were administratively corrected.  Regarding the four commemorative medals the applicant requested, these are celebratory display medals rather than official awards and decorations awarded by the Air Force or Department of Defense.  Therefore, his request for commemorative decorations must be denied.  

The Kuwait Liberation Medal-Saudi Arabia (KLM-SA) is awarded to those members who participated in Operation DESERT STORM between 17 Jan 91 through 28 Feb 91.  The Defense Finance and Accounting System verified the applicant’s foreign service in Saudi Arabia during the period 19 Jun 92 through 18 Sep 92, which was after the inclusive period for the KLM-SA.  There was no documentation in the applicant’s record, nor did the applicant submit any documentation, to verify he was eligible for the KLM-SA.  However, a thorough review of his military personnel record verified the applicant should have been awarded the KLM-K.  In addition, the applicant qualified for award of the SWASM w/1BSS; however, the SWASM w/1BSS was not reflected in his records.  The applicant’s official military records will be administratively corrected to reflect award of the KLM-K and the SWASM w/1BSS.  However, the applicant’s request for the KLM-SA should be denied.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.


ADDITIONAL AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion is doing so.  In the past, the AFBCMR has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced.  The Board may choose to depart from this precedent when the facts and/or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Because the DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs or in seeking employment with organizations that grant veteran’s preferences, a name change on the DD Form 214 may be appropriate when the veteran asserts that presenting their DD Form 214 which lists their old name effectively requires them to explain their personal history which they find needlessly intrusive and is thus an injustice.  This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce.  Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority. 

A complete copy of the SAF/MRM memorandum is at Exhibit F.


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the SAF/MR memorandum concerning name changes was forwarded to the applicant on 24 Mar 15 for review and comment within 30 days (Exhibit G).  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 with respect to the applicant’s request for the Kuwait Liberation Medal Saudi Arabia (KLM-SA) and the applicant’s requests for various commemorative medals, which are not official Air Force awards or decorations.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations 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.  We note the Air Force OPR has verified the applicant’s entitlement to the Kuwait Liberation Medal-Kuwait (KLM-K) and the Southwest Asia Service Medal (SWASM) and will correct his records administratively.  With respect to the applicant’s request to change his name on his DD Form 214, insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  While the Board acknowledges the applicant legally changed his name after separating from the Air Force, we agree with the opinion outlined in the SAF/MR memorandum and have determined that the applicant did not provide clear justification to establish that having the name he served under during his period of service remain on his DD Form 214, which was accurate and correct at the time of his separation, constitutes an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that which was administratively corrected.


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-2014-02154 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:
	
	Exhibit A.  DD Form 149, dated 22 May 14, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 25 Jun 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 8 Aug 14.
	Exhibit E.  Letter, SAF/MRBR, dated 27 Oct 14.
	Exhibit F.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit G.  Letter, SAF/MRBR, dated 24 Mar 15.