RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03471
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The name on her DD Form 214, Certificate of Release or Discharge
from Active Duty, be changed as follows:
Her first name be changed to add an a on the end; and,
The middle name be deleted.
APPLICANT CONTENDS THAT:
She never used her legal name, XXXXXX, and never had a problem
using a shorter version of it until now. Security issues are
prompting her to have it changed. She provides copies of her
Social Security Administration Number (SSAN) and Florida
Drivers License (FL DL) showing her legal name.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Jun 82, the applicant entered the Air Force Reserves.
On 11 Mar 96 the applicant was honorably discharged from the Air
Force Reserve.
On 15 May 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 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 214 and
for the limited purposes of mitigating an injustice caused by
use of the DD Form 214.
AIR FORCE EVALUATION:
AFPC/DPSIR recommends denial indicating there is no evidence of
an error or an injustice. In correcting an applicants DD Form
214, Air Force Instruction 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. In the
case of the applicants DD Form 214 dated 16 Dec 82, a review of
her official military records revealed that she enlisted, served
and was discharged under the name of XXXXXXXXXXXXXX.
Therefore, DPSIR is unable to amend her military record after
the fact.
In the matter of correcting the DD Form 214 dated 21 Jul 91, a
review of her official military records revealed an Air Force
Form 281, Notification of Change in Service Members Official
Record, dated 26 Jul 84 that officially changed her name to
XXXXXXXXXXXXX. There were no subsequent Air Force Forms
281 found in her record. Since the applicant served and was
discharged under the name XXXXXXXXXXX, it does not
appear to have been erroneously recorded. The Marriage
Certificate changing the applicants name is dated 20 Mar 09,
which is after the applicants period of service. In addition,
the applicant has no continuing affiliation with the Air Force
as a Reserve member or retiree. Therefore, DPSIR is unable to
amend the military record after the fact.
The complete DPSIR 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, including copies
of her marriage license, passport photo, Florida drivers
license and SSAN card, 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 of injustice. While we acknowledge the
applicants request to change her name because of the
difficulties she is experiencing due to security concerns, we do
not believe she has demonstrated evidence of an injustice, as
compared to others in her similar situation. 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03471 was considered:
Exhibit A. DD Form 149, dated 18 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIR, dated 19 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.AF | BCMR | CY2014 | BC 2014 02185
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