RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02838 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He would like his DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his legal name change to APPLICANT CONTENDS THAT: The record is now in error since he had his name legally changed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 8 Sep 99 and served on active duty until he was honorably discharged on 15 May 06. The applicant enlisted and served under the name of during his entire enlistment. According to the court order provided by the applicant, dated 15 Jan 13, 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 that the applicant's name was legally changed. A signed and authenticated court order should be required, and the applicant should provide evidence that leaving the record undisturbed constitutes an injustice to the applicant. 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). The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. 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 was discharged under the name of The court order changing the applicant’s name is dated 15 Jan 13, after the period of service. It does not appear the Air Force erroneously recorded the applicant’s name. 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 25 Aug 14 for review and comment within 30 days (Exhibit D). 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 timely filed. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the applicant provided a court order indicating that he legally changed his name, he has not provided compelling evidence as to why he believes it would be in the interest of justice to recommend correcting the record when his name was not erroneously recorded during his service. 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-2014-02838 in Executive Session on 23 Apr 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02838 was considered: Exhibit A. DD Form 149, dated 2 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIRP, dated 5 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14. Exhibit E. Memorandum, SAF/MR, dated 9 Mar 15.