RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02517
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The name reflected on his DD Form 214, Certificate of Release or
Discharge from Active Duty, be amended to the name reflected on
his birth certificate.
APPLICANT CONTENDS THAT:
The name shown on his DD Form 214 is incorrect and should be the
name he has used for over 50 years.
The Board should find it in the interest of justice to consider
his untimely application because the error was not discovered
until he applied for a state identification card.
In support of his request, the applicant provides copies of his
DD Form 214, social security card, identification cards, and a
certified copy of his birth certificate.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 11 March 1985, the applicant enlisted in the Regular Air
Force and was discharged on 23 September 1986.
On 1 April 2015, a copy of the SAF/MR memorandum, dated 9 March
2015, was forwarded to the applicant 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. 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. If there are extreme
circumstances that support corrections to other Air Force
records, it was recommended that the panel clearly determine
what specific records that must be corrected to eliminate the
determined error or injustice. (For example, a blanket
correction to any and all records without a specific
understanding of the records being corrected could be
interpreted as an arbitrary action, and therefore should not be
done). 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 (Exhibit E).
THE AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel
Records System, allows the Air Force to make name changes on
prior service personnel if the data in question was recorded in
error. It does not appear the Air Force erroneously recorded
the applicant's name. His records reflect that he enlisted,
served and was discharged under the name that is currently
reflected on his DD Form 214. Since the applicant has no
continuing affiliation with the Air Force as Reserve member or
retiree, DPSIRP cannot amend his military record after the fact.
The complete DPSIRP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 20 October 2014 and 1 April 2015, copies of the Air Force
evaluation and SAF/MR Memorandum were forwarded to the applicant
for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibits D and F).
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 the rationale expressed 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 12 May 2015, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02517 was considered:
Exhibit A. DD Form 149, dated 29 July 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 25 September 2014.
Exhibit D. Letter, SAF/MRBR, dated 20 October 2014.
Exhibit E. Letter, SAF/MR, dated 9 March 2015
Exhibit F. Letter, SAF/MRBR, dated 1 April 2015.
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