RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02905
COUNSEL: NONE
AKA:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be changed to reflect XXXXX instead of XXXXX.
APPLICANT CONTENDS THAT:
He legally changed his name due to a family dispute.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 16 January 1967.
On 22 November 1968, the applicant was furnished an under honorable conditions discharge, and was credited with one year, ten months, and seven days of active service.
On 8 November 1982, according to an Order Changing Name, issued in the District Court of Oklahoma County, State of Oklahoma, provided by the applicant, his name of XXXXX was changed to XXXXX.
On 25 March 2015, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 March 2015, 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 (Exhibit E).
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. In accordance with Air Force Instruction, 36-3208, Military Personnel Records System, the records of former members will not be corrected to reflect a name change unless evidence proves the name used while serving with the Air Force was erroneously recorded. A review of the applicants records revealed he enlisted, served, and was discharged under the name of XXXXX. The court order changing the applicants name is dated 8 November 1982, which is after the applicants period of service. As such, 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 30 January 2015 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. There appears to be a discrepancy in the name annotated on the court order and that which appears on all other submitted official documentation. Although requested, the applicant has not provided clarification of the discrepancy. Nevertheless, while the board notes the applicant provided a court order legally changing his name, he has not provided compelling evidence to convince the Board of an 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. 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-2014-02905 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 July 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 25 August 2014.
Exhibit D. Letter, SAF/MRBR, dated 30 January 2015.
Exhibit E. Letter, SAF/MRBR, dated 25 March 2015, w/atch.
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