RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00711 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her Air Force Records, and her Defense Finance and Accounting Service (DFAS) records, be corrected to reflect her legally changed name. (Administratively corrected) 2. Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: a. Block 1, Name, to reflect legally changed maiden name. b. Block 12f, Foreign Service, to reflect her time in the Kingdom of Saudi Arabia, Iraq, and Japan. (Administratively Corrected) STATEMENT OF FACTS: On 6 Aug 97, the applicant entered the Regular Air Force. On 25 Jun 14, the applicant legally changed her name, based on the decree of dissolution of marriage, in the state of Texas. On 31 Jul 14, the applicant was retired effective 1 Aug 14, and was credited with 16 years, 11 months, and 25 days of active service. On 6 Apr 15, AFPC/DPAPP informed the applicant that her request to correct her DD Form 214, Block 12f, to reflect four years, nine months and six days was administratively corrected. Further, “Boots on Ground” in the Kingdom of Saudi Arabia, Iraq, and Japan was confirmed. On 14 Aug 15, AFPC/DPSIR, updated the applicant’s maiden name via AF Form 218, Notification of Change in Service Member’s Official Records. They also filed a copy in the Automated Records Management System (ARMS) and provided a copy to Defense Finance and Accounting Service (DFAS). The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPR), and SAF/MR, which are attached at Exhibits C and D. AIR FORCE EVALUATION: 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. A complete copy of the SAF/MR memorandum is at Exhibit C. AFPC/DPSOR-RET recommends denial indicating there is no evidence of an error or an injustice. Although the applicant updated her Defense Enrollment Eligibility Reporting System (DEERS) records, she did not promptly notify AFPC/DPSOR that her name had changed. In accordance with AFI 36-3202, Separation Documents, a retirement order is final on the effective date of retirement. It may only be revoked, rescinded, or amended if there is fraud, manifest error, mathematical error, mistake of law, or substantial new evidence that renders the order invalid. A change of the last name does not warrant an amendment to the retirement order. If DPSOR-RET had been notified prior to the applicant’s retirement effective date, an amendment could have been accomplished because the order was not final. There was no fraud, manifest error, mathematical error, mistake of law, or substantial new evidence that renders this order invalid to warrant an amendment. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Mar 15 and 5 Nov 15 for review and comment within 30 days (Exhibits C 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe that relief is warranted. While we note the comments of AFPC/DPSOR-RET indicating that relief should be denied because she did not promptly notify them that her name had changed and that her retirement order was final on the effective date of her retirement, we believe the information provided in the applicant’s request, and the 9 Sep 15 SAF/MR guidance memorandum, establishes an injustice. The applicant has provided sufficient evidence of a formal name change by an authorized court order and the fact that both DFAS and DEERS have been updated, it is only proper to correct her retirement order, DD Form 214, and provide a new retirement certificate. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. Special Order No. AC-007874, dated 31 March 2014, be amended to reflect her legal name: “------- . -----” vice “- ------ . ---.” b. Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 31 July 2014 retirement, be declared void and a new DD Form 214, Certificate of Release or Discharge from Active Duty, be issued to reflect the name “-----, ------- -------” in Block 1 vice “---, --- ---- -------.” c. Reissue a new retirement certificate, with her corrected name, as indicated in a. and b. above. The following members of the Board considered AFBCMR Docket Number BC-2015-00711 in Executive Session on 8 Mar 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00711 was considered: Exhibit A. DD Form 149, dated 5 Feb 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRB, dated 9 Mar 15. Exhibit D. Memorandum, AFPC/DPSOR-RET, dated 28 Sep 15. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 15.