RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02185
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The name on his DD Form 214, Certificate of Release or Discharge
from Active Duty, be changed.
APPLICANT CONTENDS THAT:
The name on his DD Form 214 is not entered correctly as shown on
his birth certificate. The Board should find it in the interest
of justice to consider his untimely request because his
Department of Veterans Affairs (DVA) medical card application
has been hindered due to the name differences. He provides
copies of his birth certificate, Florida drivers license and
physicians record.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 20 Sep 78, the applicant entered the Regular Air Force.
On 5 Aug 80, the applicant was discharged under the provisions
of AFM 39-12, Separation for Unsuitability, Misconduct,
Resignation or Request for Discharge for the Good of the
Service, with a reason for separation of Unsuitable-Personality
Disorder-Evaluation Officer, with an honorable character of
service. He was credited with 1 year, 10 months and 16 days of
active service.
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 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/DPSIR recommends denial of the applicants request to
change his name in his service record. 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. It does not appear the Air Force
erroneously recorded the applicants name. Since he has no
continuing affiliation with the Air Force as a Reserve member or
retiree, we are unable to amend his military record after the
fact.
The complete DPSIR 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 9 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 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, including copies
of his DD Form 214, Physicians record and drivers license, in
judging the merits of the case; however, we agree with the
opinion and recommendation of the Air Force 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02185 was considered:
Exhibit A. DD Form 149, dated 27 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIR, dated 9 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 14.AF | BCMR | CY2014 | BC 2014 03471
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