RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02117
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her legal name.

APPLICANT CONTENDS THAT:

As a result of a divorce and remarriage, her name has changed.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Apr 77.  

On 4 Nov 80, the applicant was furnished an honorable discharge, and was credited with 3 years, 6 months, and 20 days of active service.

On 28 Oct 82, according to documents submitted by the applicant, her divorce decree was finalized, directing her initial name change.  

On 18 Sep 94, according to documents submitted by the applicant, she was remarried.

On 6 Jun 14, according to documents submitted by the applicant, her USA passport was issued with her current legal name that she is requesting her DD 214 be changed to reflect.

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 D.

AIR FORCE EVALUATION:

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 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214.  

A complete copy of the SAF/MR memorandum is at Exhibit C.

AFPC/DPSIRP recommends denial, indicating there is no evidence of an error or injustice.  AFI 36-2608, Military Personnel Records System, states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.”  According to the DD Form 214 submitted with this request the applicant’s date of entry was 15 Apr 77 and date of discharge was 4 Nov 80.  Her divorce was final 28 Oct 92 and then she remarried on 18 Sep 94.  Both the divorce and marriage took place after she was discharged from the military. 

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the validity of the conclusion of the AFPC/DPSIRP advisory opinion arguing that it is an injustice and intrusiveness explaining her personal history at any time she has to use any veteran’s benefits, present documents to government offices or potential employers who request proof of service.  

The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The applicant 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, to include the applicant’s response to the Air Force evaluation; however, the Board majority were not persuaded the facts and/or equities presented by the applicant were compelling enough to warrant changing the DD Form 214, which correctly reflects the applicant’s name at the time of her discharge.  Therefore, in the absence of evidence to the contrary, the majority finds no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS THAT:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

The following members of the Board considered AFBCMR Docket Number BC-2015-02117 in Executive Session on 27 Jan 16 under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the application.  ---------- voted to correct the records and has submitted a minority report, which is attached at Exhibit G.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-2117 was considered:

	Exhibit A.  DD Form 149, dated 5 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, 4 Jun 15, w/atch. 
	Exhibit D.  Memorandum, AFPC/DPSIRP, dated 16 Jul 15.
	Exhibit E.  Letter, SAF/MRBR, dated 31 Jul 15.
	Exhibit F.  Letter, Applicant, dated 6 Aug 15.
	Exhibit G.  Minority Report, dated 15 Mar 16.