RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00814

					COUNSEL:  NONE

		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His middle name be changed on his DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge.
 

APPLICANT CONTENDS THAT:

His parents never corrected the error on his birth certificate.  
Now that he has changed his birth certificate with the state of 
Illinois, he wants to correct his military record.

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


STATEMENT OF FACTS:

On 11 Oct 67, the applicant initially entered the Regular Air 
Force and served on active duty until he was honorably discharged 
on 23 Jul 71.

On 24 Mar 15, the applicant was forwarded a copy of the SAF/MR 
memorandum, dated 9 Mar 15, that was provided 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.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial, indicating there is no evidence of 
an error or an injustice.  AFI 36-2608, Military Personnel Records 
Systems, indicates the name of a former member will not be changed 
in the military records unless there is evidence it was 
erroneously recorded and to not correct records for name changes 
occurring after discharge.  After a review of the applicant’s 
enlistment, service, and discharge records, there is no evidence 
his name was recorded erroneously.  The amended birth certificate 
changing the applicant's name is dated after the applicant's 
period of service.

A complete copy of the AFPC/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 9 May 14 for review and comment within 30 days (Exhibit D).  As 
of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged error 
or injustice was discovered as required by Title 10, United States 
Code, Section 1552 and Air Force Instruction 36-2603.  Applicant 
has not shown a plausible reason for the delay in filing, and we 
are not persuaded that the record raises issues of error or 
injustice which require resolution on the merits.  Thus, we cannot 
conclude it would be in the interest of justice to excuse the 
applicant’s failure to file in a timely manner.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the decision 
of the Board, therefore, to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00814 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 23 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 20 Mar 14.
	Exhibit D.  Letter, SAF/MRBR, dated 9 May 14, w/atchs.