RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02278

  			               COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

The name on his DD Forms 214, Certificate of Release or Discharge from Active Duty, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

He believes he should have this change done because it causes him unjust issues when applying to Federal positions as well as his Veterans Affairs (VA) benefits.  He claims to have submitted a Legal Name Change from Montgomery County Courts; however, it is not attached with his submission.  He does provide a copy of his DD Form 214, a Maryland Driver’s License issued in 2011, and a DVA Identification Card.

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

STATEMENT OF FACTS:

The applicant initially entered on active duty in the Regular Air Force on 15 December 1993.  According to the applicant’s DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, he enlisted for a period of four years under the name of XXXXXXXXXX.

On 26 November 1997, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 12 days of active service.  According to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, effective 26 November 1997, the applicant’s name is reflected as “XXXXXXXXXX.” 
  
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C, D and F.    

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The applicant did not provide documentation to prove his name was incorrectly recorded on/before 26 November 1997.  The applicant did not provide evidence of an injustice or a recognized court document to reflect the change.  The governing instructions directs the name on a DD Form 214 be listed as recorded in the military record.  For instances of a name change after the close out date of a DD Form 214, and where no evidence of an injustice that ‘shocks the conscience’ (as defined by JA), the acceptable practice is for applicants to provide those agencies providing the benefit/entitlement or service, their DD Form 214 as prepared, and show legal documentation to explain such a change (e.g., court document reflecting the change).  The DD Form 214 is not a living document subject to change every time a name or address might change after the date the document is published

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSIRP recommends denial.  The applicant did not provide any proof of legal name change.  The governing instructions states, “If request is to correct name due to change by court-order, divorce decree, or to comply with local state law then the member must furnish a certified copy of the court order or decree or evidence of compliance with state law regarding changes of name in state where individual is located.”  In addition and since the applicant did not provide proof of when (date) the name change legally occurred, the instructions also states “Do not correct records of former members to show name changes occurring after discharge.”   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 January 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion is doing so.  In the past, the AFBCMR has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced.  The Board may choose to depart from this precedent when the facts and/or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Because the DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs or in seeking employment with organizations that grant veteran’s preferences, a name change on the DD Form 214 may be appropriate when the veteran asserts that presenting their DD Form 214 which lists their old name effectively requires them to explain their personal history which they find needlessly intrusive and is thus an injustice.  This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce.  Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MR memorandum was forwarded to the applicant on 12 January 2016 for review and comment within 30 days.  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02278 in Executive Session on 5 May 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02278 was considered:

	Exhibit A.  DD Form 149, dated 14 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 1 May 15.
	Exhibit D.  Memorandum, AFPC/DPSIRP, dated 15 Jul 15.
	Exhibit E.  Letter, SAF/MRBR, dated 8 Jan 16.
	Exhibit F.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit G.  Letter, SAF/MRBR, dated 12 Jan 16.