RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02844 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect his last name with the “E” before the “I.” APPLICANT CONTENDS THAT: The misspelling of his last name at the time of his separation appears to be a clerical error that was overlooked by all parties involved. In support of his request, the applicant provides copies of his Certification of Birth, Social Security card and DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the DD Form 4, Enlistment Record – Armed Forces of the United States, dated 16 Aug 65, the applicant enlisted in the Regular Air Force under the name currently reflected in his record. According to the DD Form 214, on 6 Aug 69, the applicant was released from active duty and transferred to the Air Force Reserves (AFRES) under the name currently reflected in his record. According to the applicant’s Certification of Birth, dated 24 Dec 03, his last name is spelled with the “E” before the “I.” His Social Security Card also lists his name this way. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. A review of the applicant’s records revealed he enlisted, served, and was discharged under the name currently reflected his record. 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.” The documentation in the applicant’s service record confirms he used the name currently reflected in his record during his 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 a Reserve member or retiree, they are unable to amend his military record after the fact. The complete DPSIRP evaluation is at Exhibit C. SAF/MR makes no recommendation, but indicates 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. 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. If there are extreme circumstances that support corrections to other Air Force records, it is recommended that the panel clearly determine what specific records that must be corrected to eliminate the determined error or injustice. (For example, a blanket correction to “any and all” records without a specific understanding of the records being corrected could be interpreted as an arbitrary action, and therefore should not be done). 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 complete SAF/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 22 Sep 14 and 25 Mar 15 for review and comment within 30 days (Exhibit D and 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant’s complete submission, we believe that relief is warranted. In the past the Board has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. The underlying reasoning has been that a post- service name change does not retroactively create an error on the DD Form 214. However, given that the DD Form 214 is designed for a post service audience and is used to provide proof of service, we believe the original DD Form 214 may prevent or delay receipt of benefits for which the applicant is entitled should he be required to provide this document as proof of military service. We note the SAF/MR memorandum states the AFBCMR should require proof that the applicant's name was legally changed. However, in this case, the applicant is not requesting to show his name was changed as a result of a court order, rather he is simply asking the Board to correct his record to reflect the correct spelling of his last name as shown on his birth certificate and social security records. As such, the SAF/MR name change memorandum is generally inapplicable in this case. Nonetheless, the applicant has provided photocopies of a certified birth certificate and social security card that displays his current name, which the Board accepts as authentic. Therefore, we find the evidence presented sufficient to recommend the applicant’s record be corrected to reflect the correct spelling of his last name. Accordingly, we recommend the applicant’s record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, specifically the applicant’s original DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be declared void and a new DD Form 214 be issued to reflect the applicant’s name in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-02844 in Executive Session on 13 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02844 was considered: Exhibit A. DD Form 149, dated 9 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 27 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14, w/atch. Exhibit E. Letter, SAF/MR, dated 9 Mar 15.