RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01048
		INDEX CODE:  100.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 OCTOBER 2008

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APPLICANT REQUESTS THAT:

Her name in her military records be changed from D--- S. H------- to D--- S. B-------.

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APPLICANT CONTENDS THAT:

She changed her last name in December 2006 to her married name and would now like her military records changed to reflect her married name.

In support of her request, applicant provided copies of her     DD Form 214, Oregon Driver’s License, United States Uniformed Services ID card, and marriage certificate.

The applicant's submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant married on 12 Feb 89, and kept her maiden name “--------”.  

Applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, indicates that at the time of her retirement on    31 Jan 07, her last name was listed as “H------.”

In Dec 06, applicant changed her last name to “B-------” (her married name) at the Social Security Office.

Her last name was changed in DEERS on 1 Jan 07, and her U.S. Air Force Retired card reflects her last name as “B--------.”

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AIR FORCE EVALUATION:

AFPC/DPSO recommends denial, and states, the marriage certificate submitted does not contain an original signature or a raised seal attesting to its authenticity and does not meet the legal requirements to be used as a source document.

Air Force Instruction 36-2608, Military Personnel Records System, Table A7.2, Rule 2, states that the source documentation for this action is the original or certified copy of the marriage certificate.  A letter was sent to the applicant on 16 Apr 07 requesting that she provide either the original or a certified copy of the marriage certificate.  As of 26 Jun 07, the applicant has failed to provide the necessary document.

The AFPC/DPSO complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a notarized copy of her marriage certificate and asks that this be accepted in place of the original copy.  She also states that her driver’s license, military retired ID card, and social security card, already show her married name.

Applicant’s complete response, with attachment, is attached at Exhibit D.

EXAMINER’S NOTE:  I contacted the OPR to ask if the notarized “copy” of her marriage certificate would suffice, and they stated that it would not.  A “copy” notarized, is not acceptable. The marriage certificate should be an original or obtain a raised seal.

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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 timely filed.

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 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.  We note the applicant was asked to provide an original or certified copy of her marriage certificate as required by the Air Force Instruction to make the name change.  A notarized copy of her marriage certificate is not acceptable.  Should the applicant provide the appropriate source document required to make this correction the Air Force office responsible for this action will make this correction in her military 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 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 Docket Number    BC-2007-01048 in Executive Session on 13 September 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Vice Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-01048 was considered:

    Exhibit A.  DD Form 149, dated 28 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSO, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
    Exhibit E.  Letter, Applicant, dated 25 Jul 07, w/atchs.

								XXXXXXXXXX
								Vice Chair