RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00580
		INDEX CODE:  100.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

The name on his DD Form 214 is incorrect.  He incorrectly 
enlisted with the alias XXXXXXXXXXX due to his ignorance of his 
own legal name and his father using the fraudulent surname 
XXXXXXXXX which he invented to circumvent the law.

In support of his request, the applicant provided a personal 
statement, a copy of his DD Form 214, birth certificate, and 
passport.

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 22 August 
1985.  He served as an Officer Trainee.

On 21 November 1985, he was honorably discharged to accept 
commission in the Air Force Officer Training Program.  He served 
1 year and 9 days on active duty.

On 20 September 2007, AFPC/DPSS advised the applicant they were 
unable to change his name on his DD Form 214.  DPSS found a name 
change in his service record that was made while he was a member 
of the Air Force Reserves (AFRes), in which his name was changed 
from XXXXXXXXX to XXXXXXXXX.  The change is dated 12 November 
1991.

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AIR FORCE EVALUATION:

AFPC/DPSS recommends denial.  DPSS states the applicant made a 
request to have his name changed while still a member of the Air 
Force Reserves but after his release from active duty.  The 
change was approved and the name officially recorded in his 
service record when he was discharged from the Air Force 
Reserves in August 1992 was XXXXXXXXXXX.

Air Force Instruction 36-2608, Military Personnel Records 
System, Table A7, allows the Air Force to make these changes on 
prior service personnel if the data in question was recorded in 
error.  This is not the case.  Since the name change was 
effective after his release from active duty, recommend the 
request to change the DD Form 214 be denied.

The DPSS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 June 2009, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
D).  As of this date, this office has received no response.

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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 injustice.  After a 
thorough review of the evidence of record and the applicant’s 
submission, it is our opinion that relief is not warranted in 
this case.  The applicant's contentions are duly noted; however, 
we agree with the opinion and recommendation of the office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  Therefore, in the absence of evidence to 
the contrary, we find no compelling basis to recommend granting 
the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 BC-2007-00580 in Executive Session on 13 August 2009, 
under the provisions of AFI 36-2603:

			XXXXXXXXXXX, Panel Chair
			XXXXXXXXXXX, Member
			XXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-00580 was considered:

   Exhibit A.  DD Form 149, dated 8 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSS, dated 1 June 2009.
   Exhibit D.  Letter, SAF/MRBR, dated 2 June 2009.





			XXXXXXXXXXXXXX
			Panel Chair