RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03466
		INDEX CODE:  100.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The inaccurate spelling of his name in his record be corrected from “ ” to “ .”

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Corps on 17 Oct 42 to serve the duration of the war, plus six months.  He was honorably discharged on 25 Jan 46.  His DD Form 214, Report of Separation from the Armed Forces of the United States, reflects that he completed 3 years, 3 months, and 9 days of total active service.

The applicant’s enlistment and separation documents reflect his last name as “ .”  A DSS Form 190, Notice to Recruiting Services, reflects his last name as “ .”  In addition, the applicant’s clinical records contain two documents that reflect his last name as “ ,” one of which was corrected to show “ .”

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  After reviewing the applicant’s complete military records, it was discovered that the name   was used throughout his military career.  Also, the applicant signed numerous documents with the proposed “incorrect” spelling of his name.

Air Force Instruction 36-2608 states that to correct a name that has been erroneously recorded, the applicant must provide a statement of circumstances and the original or certified copy of a public record, birth or baptismal certificate, etc.  Correspondence was sent to the applicant requesting an official or notarized copy of his birth certificate.  However, he did not respond.  His military record currently reflects the legal name under which he served and was discharged.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Feb 03 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 timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force.  We note that the applicant was advised that in order to correct a name that has been erroneously recorded, the member must provide a statement of circumstances and the original or certified copy of a public record, birth or baptismal certificate, etc.; however, he did not respond.  Should the applicant provide the requested documentation, we would be willing to reconsider his petition.  Absent such evidence, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, based on the available evidence of record, we find no 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 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 AFBCMR Docket Number 02-03466 in Executive Session on 7 May 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 02. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSAMP, dated 19 Feb 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 03.