RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05168

					COUNSEL:  NONE

					HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be amended to reflect his name change.


APPLICANT CONTENDS THAT:

His name has been changed by court order.

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


STATEMENT OF FACTS:

The applicant served in the Puerto Rico Air National Guard 
(PRANG) from 21 Jan 00 to 20 Jan 05.

On 24 Jan 08, the applicant was furnished an honorable discharge 
from the Non-Participating Individual Ready Reserve.

On 6 May 14, according to documentation submitted by the 
applicant, his name was changed based on the decree of name 
change.

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


AIR FORCE EVALUATION:

ARPC/DPAM recommends denial indicating there is no evidence of 
an error or an injustice.  In accordance with Air Force 
Instruction, 36-2608, 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 
reflects the correct name at the time they were accomplished.
A complete copy of the ARPC/DPAM evaluation is at Exhibit C.

SAF/MR provided a memorandum of guidance with regard to name 
changes.  The memorandum is advisory only and is not intended 
to predetermine outcomes or otherwise restrict the AFBCMR's 
statutory authority under 10 U.S.C. §1552, where there is 
error or injustice.  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.  

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.  

A complete copy of the SAF/MR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 Feb 15 and 22 Jul 15, for review and comment 
within 30 days.  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 ARPC/DPAM and SAF/MR and adopt their rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  In this respect, we note the 
applicant’s name used while serving with the Air Force was not 
erroneously recorded.  Additionally, while we note the applicant 
has provided a signed and authenticated court order of his name 
change, there is no evidence provided to show that use of the 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, as is, causes an injustice warranting mitigation by 
correcting the DD Form 214.  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-2014-05168 in Executive Session on 15 Sep 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-05168 was considered:

	Exhibit A.  DD Form 149, dated 16 Dec 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAM, dated 23 Jan 15.
	Exhibit D.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit E.  Letter, SAF/MRBR, dated 22 Jul 15.