RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00167
		INDEX CODE 100.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His name be changed on his DD Form 214 from J--- W---  to  J--- W---.
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APPLICANT CONTENDS THAT:

His birth certificate was filed incorrectly upon entering the military.  In addition, his dependents will not have any problems with legal matters or benefits that he is entitled to upon his death.

In support of his submission, the applicant submits a copy of his birth certificate and other related documents.

Applicant’s complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 January 1968 and was progressively promoted to the grade of sergeant having assumed that grade effective and with a date of rank of 1 March 1970.  On 12 June 1975, he was honorably discharged from the Air Force after serving 7 years, 5 months and 4 days of active service.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denied.  The DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, is only used to correct an error on the DD Form 214 if it was in error at the time of discharge.  In this case, the member signed his name correctly at his time of discharge and this was his legal name.  Accordingly, DPPRS recommends his records remain the same and his request to change his name on the DD Form 214 be denied.  He has not filed a timely request.  

All documents in the member’s military records including his enlistment contracts and DD Forms 214, show the name and are signed with “W---.”  The member stated that when he joined the military his birth certificate was incorrect; however, the member never showed an attempt to change his name while he was in the service.  While the member’s name has been changed on the Air Force file for any contact purpose, his name on his DD Form 214 remains the same since this is the name he served under.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 15 Mar 02, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 file timely.

3. Insufficient relevant evidence has been presented to demonstrate the existence of error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board agrees with the opinion and recommendation of the Air Force and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, based on the available evidence of record, the Board finds no basis upon which to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered Docket Number 02-00167 in Executive Session on 25 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Jan 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 1 Mar 02.
	Exhibit D.	Letter, SAF/MRBR, dated 15 Mar 02.