RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00558 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be amended to reflect her last name as XXXXXX versus XXXXX. _________________________________________________________________ APPLICANT CONTENDS THAT: Her last name is now XXXXXX due to her divorce in 2006. The evidence submitted in support of the appeal is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects she served on active duty from 25 Nov 81 through 31 Dec 02. On 1 Jan 03, she retired and was credited with 21 years, 1 month, and 6 days of active service. The applicant’s DD Form 214 reflects her last name as XXXXXX. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIR reviewed this application and recommends denial. The divorce decree the applicant provided does not meet the legal requirements to be used as a source document. The documentation required to change or correct a name are a birth, baptismal, marriage, or naturalization certificate, civil court order, or other legal documents. The documentation must be the original or a certified copy. On 15 Mar 11, the Records Procedure Branch requested the applicant provide either the original or a certified copy of her divorce decree in order to complete the requested change. The applicant did not respond. The complete AFPC/DPSIR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 20 May 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. Although the office of primary responsibility states the surname can be changed if the required documentation is provided - this only applies to service members who are currently serving on active duty. Name changes on prior service personnel are allowed if the data in question was recorded in error by the Air Force at the time of enlistment or during the enlistment. The applicant’s last name was correctly recorded at the time of her discharge and she has not submitted evidence to the contrary. Absent persuasive evidence she was denied rights to which she was entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00558 in Executive Session on 18 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Feb 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIR, dated 9 May 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 20 May 11. Panel Chair