MR.
RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02001
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His name be changed from  to   in his military personnel records.

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APPLICANT CONTENDS THAT:

His surname was misspelled throughout his military service.  He was told to spell it that way because his original birth certificate was wrong.

In support of his appeal, the applicant provided a copy of his DD Form 257AF (discharge certificate), DD Form 214 (Report of Separation from the Armed Forces of the United States), and a Amended Certificate of Live Birth.

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 30 January 1955 for a period of four (4) years.

A review of the applicant’s military records indicates that he signed his name “            ” on his Report of Medical History, his Enlistment Record, AF Form 4, his Service Record, DD Form 230, and on his Report of Separation from the Armed Forces of the United States, DD Form 214.

On 4 May 1956, the applicant was discharged with service characterized as general (under honorable conditions), in the grade of airman third class, under the provisions of AFR 39-16.  He served a total of 1 year, 3 months and 5 days of total active military service.

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AIR FORCE EVALUATION:

HQ AFPC/DPSAMP recommended denial.  They indicated that the amended birth certificate the applicant provided is not an original or certified copy, therefore, it does not meet the legal requirements to be used as a source document.

A review of the applicant’s master personnel record reveals that the applicant acknowledged the spelling of his name as Donald E. Pelletiere by signing both his DD Form 4, Enlistment Record – Armed Forces of the United States and his DD Form 214, Report of Separation from the Armed Forces of the United States.  The applicant currently has no affiliation with the Air Force as a Retiree or Reservist.  According to Air Force Instruction 36-2608, Military Personnel Records System, they cannot correct the records of former members to reflect changes occurring after discharge.  In response to a previous request, they had asked the applicant to provide a certified copy of the birth certificate reflecting the correct spelling of his last name before they could make the requested change.  The applicant has not yet provided them the requested documentation.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided additional documentation which is at Exhibit E.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The birth certificate the applicant provided is not an original or “raised seal” certified copy, therefore it does not meet the legal requirements according to Air Force Instruction 36-2608, to be used as a source document.  The Board would like to point out that if the applicant submits a certified copy with raised seal or an original copy of his amended birth certificate they would be willing to review his case for possible reconsideration.  Without the proper documents, we are not persuaded to change the applicant’s record.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 error or an 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 AFBCMR Docket Number 02-02001 in Executive Session on 14 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSAMP, dated 2 December 2002, 
			w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 6 December 2002.

				Panel Chair