RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05184 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His name be corrected to reflect his name as and he be issued a DD Form 215. ________________________________________________________________ APPLICANT CONTENDS THAT: He applied to the Veteran’s Affairs (VA) medical center and was denied because the name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not match his name as it is now. He legally changed his name while he was in the service. In support of his appeal, the applicant submits his birth certificate and his social security card. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 20 August 1965 through 15 January 1969. His DD Form 214 does not reflect the name stated in his request. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel Records System, allows the Air Force to make changes on prior service personnel if the data in question was recorded in error. The veteran did not include the appropriate legal documentation to support his request. A letter was sent to the applicant on 17 December 2012, requesting that he forward the original or a certified copy of the legal document that changed his name for consideration in deciding the outcome of his request. As of the date of the advisory, that information had not been received. In the absence of supporting documentation, there is no proof the data was recorded in error or that the name change was made prior to the veteran’s discharge. With no supporting documentation, and because the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, his record cannot be amended. The complete DPSIRP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response, he states that his mother changed his name soon after he was born. He was called Joseph since the first grade. He spent 11 years in the North Carolina National Guard and his name was listed as requested. He now seeks help from the VA and they will not assist him until his name is corrected on his DD Form 214. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. After a thorough review of the evidence provided, we are not persuaded that his name as currently reflected in his military records is incorrectly recorded. Therefore, 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. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. However, we advise the applicant submit to the VA a certified copy of the legal document that identifies his name change for their review and consideration. ________________________________________________________________ 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 AFBCMR Docket Number BC-2012-05184 in Executive Session on 22 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Oct 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 5 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13. Exhibit E. Letter, Applicant’s Response, undated, w/atchs.