RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00588 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His name of his DD Form 214, Report of Separation from Active Duty, be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: His birth name as seen on the attached birth certificate, social security card, and state identification card has the correct name. His mother did not raise him under his true birth name. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to a DD Form 1916, Statement of Name for Use in Official Military Records, dated 27 Nov 74, the applicant certified that the name currently reflected in his official record was the name he preferred to use. According to the DD Form 4, Enlistment Contract – Armed Forces of the United States, dated 2 Dec 74, the applicant enlisted under the name currently reflected in his official record. On 27 Feb 75, the applicant was discharged after serving seven days of total active service. On 25 Mar 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, was forwarded to the applicant in order to comply with 10 U.S.C. §1556. Specifically, the memorandum notes that the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference. However, any such name change should be limited only to the DD Form 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases. The AFBCMR should require proof that the applicant's name was legally changed. A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214 (Exhibit E). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, Note 5 states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” A review of the applicant’s records revealed he enlisted, served and was discharged under the name currently reflected in his official record., Further evidence of this is provided by the DD Form 1916 signed by the applicant certifying that the name currently reflected in his official record was to be used. It does not appear the Air Force erroneously recorded the applicant’s name. The complete DPSIRP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Dec 14 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 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2014-00588 in Executive Session on 23 Apr 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 5 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 18 Dec 14. Exhibit E. Letter, SAF/MRBR, dated 25 Mar 15, w/atch.