RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02838
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He would like his DD Form 214, Certificate of Release or
Discharge from Active Duty, reflect his legal name change to
APPLICANT CONTENDS THAT:
The record is now in error since he had his name legally
changed.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
8 Sep 99 and served on active duty until he was honorably
discharged on 15 May 06. The applicant enlisted and served
under the name of during his entire enlistment.
According to the court order provided by the applicant, dated
15 Jan 13, his legal name has been changed to
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, and
the applicant should provide evidence that leaving the record
undisturbed constitutes an injustice to the applicant.
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 remaining relevant facts pertaining to this application are
described in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial, indicating there is no evidence
of an error or injustice. In accordance with Air Force
Instruction, 36-3208, Military Personnel Records System, Table
A7.3, 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 applicants records
revealed that they enlisted, served and was discharged under the
name of The court order changing the applicants name is dated
15 Jan 13, after the period of service. It does not appear the
Air Force erroneously recorded the applicants name.
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 25 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 timely filed.
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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
While the Board notes the applicant provided a court order
indicating that he legally changed his name, he has not provided
compelling evidence as to why he believes it would be in the
interest of justice to recommend correcting the record when his
name was not erroneously recorded during his service.
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-2014-02838 in Executive Session on 23 Apr 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02838 was considered:
Exhibit A. DD Form 149, dated 2 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 5 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
Exhibit E. Memorandum, SAF/MR, dated 9 Mar 15.
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