RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01947

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 20 Apr 02 separation be 
changed to reflect his new legal name “,” rather than “.” 


APPLICANT CONTENDS THAT:

His name was legally changed by court order through the Virginia 
State Court system under Virginia (VA) Code SS – 8.01-217 and 
would like to have this reflected on his DD Form 214.

His sole purpose for having his name changed was because of his 
own personal preference.

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


STATEMENT OF FACTS:

On 10 Jul 01, the applicant initially entered the Regular Air 
Force.

On 20 Apr 02, the applicant was furnished an honorable discharge 
with a reason for separation of personality disorder.  He was 
credited with 9 months and 11 days of active service.   

According to a court order, provided by the applicant, dated 
13 May 05, his legal name has been changed to “.” 

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 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, indicating there is no evidence of 
an error or injustice.  In accordance with Air Force Instruction, 
36-3208, Military Personnel Records System, Table A7.3, “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 that they enlisted, 
served and were discharged under the name of “.”  The court order 
changing the applicant’s name is dated 13 May 05, after the period 
of service.  It does not appear the Air Force erroneously recorded 
the applicant’s name.  Since the applicant has no continuing 
affiliation with the Air Force as Reserve member or retiree, 
DPSIRP is unable to amend his military record after the fact.

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 10 Oct 14 for review and comment within 30 days (Exhibit D).  
As of this date, no response has been received by this office.

A copy of the SAF/MR memorandum was forwarded to the applicant on 
21 Apr 15 for review and comment within 30 days (Exhibit E).  As 
of this date, no response has been received by this office.


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 an 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 of injustice.  In 
addition, the applicant has not provided, to our satisfaction, a 
reasonable basis to have his name changed.  Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting the requested relief.


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-2014-01947 in Executive Session on 4 Jun 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 May 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIRP, dated 25 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 14.