RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02204
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her DD Form 214, Report of Separation from Active Duty, be
amended to reflect her married name.
APPLICANT CONTENDS THAT:
The last name on her DD Form 214 is from her first marriage.
The applicant provides no rationale as to why the Board should
consider her untimely application in the interest of justice.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 4 Feb 77, she entered the Regular Air Force and was honorably
discharged on 29 Mar 79.
She married on 13 Dec 80. The marriage certificate issued by
the State of Nevada reflects her current name.
On 25 Mar 15, the applicant was provided a copy of the SAF/MR
memorandum, dated 9 Mar 15, 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.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial. AFI 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. A
review of her records revealed a DD Form 1343, Notification of
Change in Service Members Official Records, dated 24 May
77 that officially changed her name. Since the applicant served
and was discharged under this name, it does not appear to have
been erroneously recorded. The marriage certificate changing
the applicants name is dated 13 Dec 80 which is after her
period of service. Since the applicant has no continuing
affiliation with the Air Force as a Reserve member or retiree,
DPSIRP is unable to amend her military record after the fact.
A complete copy of the 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.
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 or 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-2014-02204 in Executive Session on 13 May 15 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 14, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Memorandum, AFPC/DPSIRP, dated 9 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 25 Mar 15, w/atch.
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