RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01080
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His name be changed on his DD Form 214, Certificate of Release or Discharge from Active Duty, from to.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is 78 years old and in case of his death, any benefits should not be questioned from the death certificate.

In support of the appeal, applicant submits copies of two affidavits, a copy of his Enlisted Record and Report of Separation document, a copy of his birth certificate, and a copy of AFPC/DPSAMP’s letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and the following is the only information available pertaining to his service extracted from the partially reconstructed record.  All available contemporaneous military records show that the applicant’s name was.

Applicant was inducted into the Army of the United States 30 June 1943.  He entered active duty on 14 July 1943 and was assigned to the Air Corps.  Following his successful completion of training, he was assigned to duties as a aerial gunner.  He was transferred to the European Theater of Operations on 13 September 1944.  He was reported missing in action on 22 February 1945.  Information in the file indicates he was interned in Adelboden, Switzerland, and was returned to Allied control on 17 May 1945.  He returned to the Continental United States on 12 June 1945 and was honorably discharged by reason of demobilization on 30 October 1945.  He had served 2 years, 3 months and 17 days on active duty.

On 15 May 2003, an AF Form 281, Notification of Change in Service Member’s Official Records, was inserted in the applicant’s military personnel records changing his name to ----.  It was indicated that authority for this change was AFI 36-2603 and a copy of a notarized affidavit of birth information.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that 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 member enlisted, served and signed his name as it is listed on his discharge form.  Accordingly, they recommend his records remain the same and his request to change his name on the DD Form 214 be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 June 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  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 the conclusion that the applicant has not been the victim of an error or injustice.  It is noted that an AF Form 281 documenting his name change has been inserted in his records per his request.  It is also noted that his DD Form 214 remains the same since that was the spelling of his last name during military service.  It appears that the applicant’s records have been corrected in accordance with established procedures for such cases.  Therefore, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application, BC-2003-01080, in Executive Session on 31 July 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 25 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 29 May 03.
	Exhibit D.	Letter, SAF/MRBR, dated 4 Jun 03.

					
					Acting Panel Chair