RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02427
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His name be changed on his DD Form 214, Report of Separation
from the Armed Forces of the United States.
APPLICANT CONTENDS THAT:
He grew up only knowing his last name as . When he
enlisted at the age of 17, he discovered his real birth name
when he provided his birth certificate to his recruiter. This
was the first time his birth name, , was revealed to him.
He served in the Air Force for four years, under the name ,
and has lived the rest of his life as . Because the
Department of Veterans Affairs (DVA) only recognizes his
identity as , he needs his military record corrected to
receive DVA home loan eligibility.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 5 Oct 50, the applicant initially entered the Regular Air
Force and served on active duty until he was honorably
discharged on 4 Oct 54.
On 16 Dec 13, AFPC/DPSIDR informed the applicant his name change
request could not be approved.
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 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.
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 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 while serving with the Air
Force was erroneously recorded." A review of the applicant's
records revealed he enlisted, served, and was discharged under
the last name ." The birth certificate reflecting
his name change is dated after he was discharged; therefore, it
does not appear his last name was recorded erroneously during
his service.
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 4 Aug 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. We took notice of
the applicant's complete submission in judging the merits of the
case. While the Board notes the comment from AFPC/DPSIRP that
the applicant enlisted, served, and was separated under his
former name, we believe the information provided in the
applicants request establishes an injustice. It is the boards
opinion, should the applicant present a DD Form 214 with his
former name to external audiences, the applicants circumstances
would require him to disclose personal history that is
needlessly intrusive, thereby constituting an injustice.
Further, we note the applicant has provided sufficient evidence
of a formal name change, as reflected on his passport, birth
certificate, college transcripts, and social security card.
Therefore, we recommend the applicants record be corrected as
indicated below.
THE BOARD RECOMMENDS THAT:
The applicants original DD Form 214, Report of Separation from
the Armed Forces of the United States, be removed and a new
DD Form 214 be issued to reflect the name of in
Block 1.
The following members of the Board considered AFBCMR Docket
Number BC-2014-02427 in Executive Session on 23 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 25 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
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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 indicating there is no evidence of an error or an injustice. The Board did take into consideration SAF/MRs memorandum, dated 9 Mar 15, Guidance To The Air Force Board For Correction oF Military Records (AFBCMR) Name Changes; however, we determined...
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