RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02365

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  Her records be corrected to reflect the name annotated on her birth certificate.

2.  Her dates of service be corrected to reflect 8 October 1958 through 7 October 1961, rather than 7 October 1958 through 6 October 1958. 

APPLICANT CONTENDS THAT:

Her National Archives (NA) Form 13038, United States of America Certification of Military Service, has been questioned because the name is different than the name reflected on her birth certificate and other documents.  She did not have a birth certificate at the time of her enlistment in the Air Force.  Instead baptism and school records reflecting her incorrect name were used.  After experiencing difficulties obtaining a driver’s license because of the name mismatch, her social security records were changed to reflect her correct name.  In addition, the Department of Veteran’s Affairs (DVA) globally corrected her records to reflect the name on her birth certificate.  However, the name on her NA Form 13038 remains incorrect and she avoids participating in any programs that require proof of military service because she must constantly explain the discrepancy and provide proof of her identification.

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

STATEMENT OF FACTS:

In a reply to the applicant’s request for verification of service, the Chief, NA Records Reconstruction Branch advised the applicant her military personnel records were in the area that suffered the most damage by fire in 1973 at the National Personnel Records Center (NPRC) and may have been destroyed.

AFI 36-2608, Military Personnel Records System, paragraph 5.6. (AF Form 281, Notification of Change in Service Airman’s Official Records), states “AFPC and HQ ARPC prepare this form to document changes in an Airman’s official personnel record.”

The National Archives and Records Administration (NARA) is a United States government agency that preserves U.S. government records.

The National Personnel Records Center (NPRC) is one of the NARA’s largest operations and is the central repository of all inactive military records, including NA Form 13038.

According to the applicant’s NA Form 13038, dated 28 April 1987, she served in the Air Force from 7 October 1958 to 6 October 1961, under the name currently reflected in her records and was honorably discharged in the grade of airman second class (E-3).

The name indicated on the abstract of the applicant’s birth certificate, which was issued on 3 May 2011 and reflects her certificate of birth as registered on 28 December 1939, is different from the name reflected in her military records.

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.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  It does not appear the Air Force erroneously recorded the applicant’s name.  In addition, the applicant provided no proof that she enlisted in the Air Force on 8 October 1958 rather than 7 October 1958 and was discharged 7 October 1961 rather than 6 October 1961.  A review of the applicant’s records indicate her service dates were from 7 October 1958 through 6 October 1961.  Further review showed that the name she enlisted, served and was discharged under is the name currently reflected in her records.

Air Force Instruction 36-2608, 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.” 

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 December 2015, for review and comment within 30 days (Exhibit D).  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 – Name Changes, dated 9 March 2015, states that 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.  The AFBCMR should require proof that the applicant's name was legally changed.  A signed and authenticated court order should be required.  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 E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the SAF/MR memorandum was forwarded to the applicant on 18 February 2016, for review and comment within 30 days (Exhibit F).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s service dates.  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 the AFPC/DP2SSM and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s record to match the name on her birth certificate.  Although the applicant’s record was technically correct at the time it was issued, it is our opinion that should she be required to present her NA Form 13038 with the incorrect name to external audiences; it would require the applicant to continually provide a detailed explanation of the circumstances surrounding the inconsistencies in her name.  Therefore we believe allowing the applicant’s records to remain uncorrected would constitute an injustice.  The NA Form 13038 was completed and issued by the NPRC; therefore, the Air Force does not have the authority to make changes to this document.  However, issuing an AF IMT 281, will create an official personnel record for the applicant.  Given that all former military member’s personnel records are maintained by NPRC, this correction will affect a change to the applicant’s NPRC record and prompt NPRC to change the applicant’s NA Form 13038.  We further find that the applicant’s birth certificate and government issued DVA identification card are sufficient proof of her legal name.  Accordingly, we recommend the applicant’s record be corrected to the extent 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 AF IMT 281, Notification of Change in Service Member’s Official Records, be issued reflecting the applicant’s name in Block 9, and a copy be sent to the National Personnel Records Center.

The following members of the Board considered AFBCMR Docket Number BC-2015-02365 in Executive Session on 19 April 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02365 was considered:

Exhibit A.  DD Form 149, dated 5 June 2015, w/atchs.
Exhibit B.  Applicant's Available Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP2SSM, dated 18 November 2015.
Exhibit D.  Letter, SAF/MRBR, dated 2 December 2015.
Exhibit E.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit F.  Letter, AFBCMR, dated 18 February 2016.