RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02802

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His records be changed to reflect a name change.

2.  His DD Form 214 for the period 2 Dec 75 – 30 Sep 92, item 12a, Date Entered Active Duty this Period be changed to reflect 16 Sep 68 versus 2 Dec 75. 

3.  His DD Forms 214 for the periods 17 Sep 68 – 1 Dec 71, 2 Dec 71 – 1 Dec 75 and 2 Dec 75 – 30 Sep 92, be combined to reflect all his total active duty service.

APPLICANT CONTENDS THAT:

His name was legally changed; therefore, his records need to be corrected, as well as his service time.

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

STATEMENT OF FACTS:

On 17 Sep 68, the applicant enlisted in the Regular Air Force.  

The applicant’s DD Forms 214 for the periods 17 Sep 68 - 1 Dec 71, 2 Dec 71 - 1 Dec 75 and 2 Dec 75 - 30 Sep 92, all reflect he enlisted, served, and was discharged under the same name. 

According to AF Form 281, Notification of Change in Service Member’s Official Records, undated, the applicant’s name was previously changed to reflect his current name.

By email, dated 31 Aug 16, the applicant states his name should be changed as reflected on his DD Form 149, Application for Correction Of Military Record under the Provisions of Title 10 USC, Section 1552. 

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request to change his name, because he is receiving retirement benefits and is entitled to have his name updated to concur with benefits in progress.  

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

AFPC/DP2STM recommends denial of the applicant’s requests to change his name and his DD Form 214, for the period 2 Dec 75 – 30 Jun 92 [sic] to reflect 17 Sep 68 – 30 Sep 92.  Based upon a review of the applicant’s records, his service time is appropriately reflected on his DD Forms 214 for the respective periods of active service.  In addition, the applicant has not provided evidence that the documents he signed throughout his military career or DD Forms 214 were prepared in error.       

It is a common misperceptions that all prior DD Form 214 information is carried forward to a consolidated/final retirement DD Form 214.  Each document carries its own weight as a record for a specific period of active duty and one does not replace another.  They are each valid certificates of service and appropriately record active and inactive time. 

Upon review of the applicant’s most current DD Form 214 for the period ending 30 Jun 92 [sic], by adding the Net Active Service this Period (Block 12c) with the Total Prior Active Service (block 12d, cumulative active time from prior DD Forms 214), the DD Form 214 reflects a combined total of 24 years and 14 days of active service toward retirement.  

During the applicant’s period of active duty in the Regular Air Force (17 Sep 68 – 30 Jun 92) [sic], he signed and certified all documents (to include documents that granted a security clearance) with his previous name.  On 24 Feb 97, the applicant’s vital record was amended to reflect current name based on use as an alias.   

AFI 36-3202, Separation Documents is the governing directive for the DD Form 214 and it directs the name of the DD Form 214 be recorded as listed on the military member’s DD Form 4, Enlistment/Reenlistment Document- Armed Forces of the United States.  A review of the applicant’s reenlistment documents reflects previous name and remained that until the DD Form 214 was published on 30 Sep 92.  When a name change occurs after the publication of a DD Form 214, service members shows those agencies providing the benefit/entitlement or service their DD Form 214 as prepared and any/all legal documentation to explain the change (amended birth certificate, AF Form 281, Notification of Change in Serve Member’s Official Records, marriage/divorce decrees, etc).   

A copy of the complete AFPC/DP2STM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Feb 16, for review and comment within 30 days (Exhibit 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 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 combining the applicant’s DD Forms 214 to capture all of his active duty service time.  We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of AFPC/DP2STM and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice regarding this issue.  The applicant requests his DD Forms 214 be corrected to reflect his name change.  We note AFPC/DP2SSM recommends approval and states that the applicant is receiving retirement benefits and, therefore, is entitled to have his name changed to coincide with the benefits in progress, we disagree.  Based on the available evidence of record, the applicant has not provided any evidence to show that his name, as it appears in his military personnel records, was recorded in error.  The applicant’s military personnel records reflect that his DD Forms 214, Certificate of Release or Discharge from Active Duty, were accurately prepared in accordance with governing directives and his name mirrors his enlistment agreement which was verified by the applicant’s signature.  Furthermore, we find the AF Form 281, Notification of Change in Service Member’s Official Records prepared by AFPC/DP2SSM provides alternative and persuasive evidence of the name change should the applicant be required to present his DD Forms 214 with his former name to external audiences.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence no considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02802 in Executive Session on 18 Oct 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 15, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 5 Jan 16, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 30 Aug 16.
Exhibit E.  Letter, AFBCMR, dated 19 Feb 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.