RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01857
		INDEX CODE:  100.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His surname in his military personnel records be changed from M------ to M-------.

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APPLICANT CONTENDS THAT:

He never had a birth certificate until he was a senior in high school.  He enlisted in the Air Force under the name M-----.  He states that he would like to have his name changed on his records.

In support of his appeal, the applicant provided a copy of his birth record and other documentation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 January 1950 in the grade of airman basic for a period of four (4) years.

Applicant was discharged on 11 January 1954, in the grade of airman first class, under the provisions of AFR 39-10 (Expiration of Term of Service).  He served a total of 4 years total active military 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 (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that the applicant stated that he never had a birth certificate until he was a senior in high school.  When the applicant enlisted in the Air Force on 12 January 1950, he completed the NME Form 4, Enlistment Record – United States Air Force.  This enlistment contract, as well as all other military documents, lists his last name as M------, and furthermore, the member signed all documents in the same fashion.  This is the only name the member was known by during his military service.  HQ AFPC/DPSAMP notified the member on 15 July 2002 that his military records have been changed per his request.  This means the applicant’s records and the retired file now show the applicant as A------ M. M-------.  However, his DD Form 214 remains the same since this was his name during military service. 

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 time of the discharge.  In this case, the applicant enlisted, served and signed his name as it is listed on his discharge form.  

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the evaluation was forwarded to the applicant for review and response within thirty (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 timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After reviewing the evidence submitted with this appeal, we are persuaded that the applicant’s surname should be changed.  As noted by AFPC/DPPRS, AFPC/DPSAMP notified the applicant that his military records, with the exception of his DD Form 214, have been changed per his request.  The Board is persuaded that the applicant has provided sufficient documentation to warrant a change to his DD Form 214.   In addition, we note that the Air Force has apparently effected changes in the applicant’s records but refuses to change the DD Form 214.  In our opinion, the DD Form 214 is inaccurate because while it indicates the applicant’s surname at the time of separation, that surname has now been determined to be incorrect.  In view of the above the Board recommends that his record be corrected to the extent indicated below

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the name of APPLICANT, to include the DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect the surname M------- rather than M------.

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The following members of the Board considered AFBCMR Docket Number 02-01857 in Executive Session on 22 October 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 6 September 2002, 
	             w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.

		
			Panel Chair

AFBCMR 02-01857

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to the name of, to include the DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect the surname       rather than          .

		
		Director
		Air Force Review Boards Agency