RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02837

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Middle Name be changed to reflect a Middle Initial of “C.”

APPLICANT CONTENDS THAT:

The applicant contends that his name was changed after his discharge and he would like all of his records to reflect his current name.

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

STATEMENT OF FACTS:

On 3 May 65, the applicant initially entered the Regular Air Force for a period of 4 years.

On 1 Nov 68, the applicant was released from active duty and transferred to the Air Force Reserve.  He was credited with 3 years, 5 months, and 29 days of active service.   

On 29 Dec 97, a County Superior Court ordered the applicant’s name and birth record be changed.

AIR FORCE EVALUATION:

On 14 Jul 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, was forwarded to the applicant 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.  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.  If there are extreme circumstances that support corrections to other Air Force records, it was recommended that the panel clearly determine what specific records that must be corrected to eliminate the determined error or injustice. (For example, a blanket correction to “any and all” records without a specific understanding of the records being corrected could be interpreted as an arbitrary action, and therefore should not be done.)  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 copy of the SAF/MR memorandum is at Exhibit C.

AFPC/DPSIRP recommends denial, indicating as the documentation of the applicant’s name change is dated after their period of service, it does not appear the Air Force erroneously recorded the applicant’s name.  Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, we are unable to amend their military record after the fact.

DPSIRP notes In Accordance With (IAW) Air Force Instruction Air Force Instruction 36-2608, Military Personnel Records System, 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.”  The applicant’s service dates were from 3 May 65 through 1 Nov 68.  The applicant enlisted, served and was discharged under his former name.  The Court Order changing the applicant’s name, dated 29 Dec 97, is after their period of service.  The applicant did not provide any other evidence to show that their name was erroneously recorded.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant attaches a copy of his original birth certificate that was presented at the time of enlistment.  A review of the original birth certificate and comparison to his DD 214 shows that during his service the incorrect name was indicated on all of his service records.  He believes this is sufficient evidence for the change.  

The spelling of his middle name has been an issue since he was given that historical name.  Even his Father could not spell it correctly; two of three tries.  That is why he finally changed it and requested the change to his service records.

The applicant’s complete response, with attachment, is at Exhibit F.

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-2015-02837 in Executive Session on 12 April 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Jul 15, w/atch.
	Exhibit D.  Letter, AFPC/DPSIRP, dated 18 Nov 15.
	Exhibit E.  Letter, AFBCMR, dated 8 Dec 15.
	Exhibit F.  Letter, Applicant, dated 18 Dec 15, w/atch.