RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04356
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be amended to correct the following errors:

	His Date of Birth (DOB). (WILL BE ADMINISTRATIVELY CORRECTED).

	His Air Force Specialty Code (AFSC) and job title.

	Spelling of his middle name.  

APPLICANT CONTENDS THAT:

The corrections are required to eliminate confusion with the Department of Veterans Affairs (DVA).  

He was awarded the 7-skill level, his AFSC should be “46270” with job title “Weapons Specialist.”

He provides copies of his birth certificate, driver’s license and training certificate.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 9 June 1970 and was honorably discharged on 27 March 1974.  He served 3 years, 9 months and 19 days of active duty service.  

The applicant’s AF Form 910, TSgt, SSgt and Sgt Performance Report, for the period ending 8 February 1974 reflects his Primary AFSC (PAFSC) as “Q46250,” Duty AFSC (DAFSC) as “46250” and Control AFSC as “46250.”  

In a letter dated 9 August 2016, AFPC/DP2SSM informed the applicant the correction of his DOB on his DD Form 214 could be corrected administratively and recommended the AFBCMR refer his request to the appropriate Air Force OPR for administrative correction.   

On 25 August 2016, the applicant was provided a copy of the SAF/MR memorandum, dated 9 March 2015, 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.  However, 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 Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C thru E.

AIR FORCE EVALUATION:

AFPC/DP3ST recommends approval of the request to change the title of the AFSC on his DD Form 214 to reflect “Weapons Mechanic;” however, recommends denial for award of the 7-skill level and associated title of “Weapons Maintenance Technician.”    

Although the applicant provides documentation for completing the 7-skill level course for the AFSC, he did not meet the minimum grade requirement for award as of his separation from active duty.  As his records were not a part of the case, DP3ST has no capability to determine if he ever worked in a 7-level duty position.  

AFI 36-3202, Separation Documents, Table 4, Rule 14 governs specialties represented on the DD Form 214.  The rule states “Enter the primary Air Force Specialty code (PAFSC) and all additional AFSCs in which the member served for one year or more, during the member’s continuous active military service.  In each AFSC, show the highest skill level in which the member performed the duties.  For each AFSC give the AFSC title (not duty tile) with the years and months of service.”  

The applicant provides a certificate of completion of the Weapons Maintenance Technician Course.  However, completing the 7-skill level training course alone does not meet the retirements for award of the AFSC.  According to AFM 39-1, Specialty Description, AFSC 46270 also required a grade spread of technical sergeant (TSgt, E-6) and master sergeant (MSgt, E-7).  Since the applicant was in the grade of sergeant (Sgt, E-4) at the time of his discharge, he did not meet the minimum grade requirement for award of the AFSC.  The applicant’s AFSC title at the time of discharge should have read “Weapons Mechanic” in accordance with AFM 39-1.  
 
A complete copy of the AFPC/DP3ST evaluation, with attachment, is at Exhibit C.

AFPC/DP2SSM recommends denial of the request to change the spelling of his middle name.  AFI 36-2608, Military Personnel Records System, states “Do not correct records of former airmen to show name changes occurring after discharge.”  A review of the applicant’s records reflect he served and was discharged under the name reflected on his DD Form 214.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 25 August 2016 for review and comment within 30 days (Exhibit G).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  With respect to the applicant’s request that his AFSC and job title be changed to reflect he was awarded his 7-skill level; we are persuaded the applicant has provided no evidence to substantiate he met the criteria or was awarded his 7-skill level prior to discharge.  However, as pointed out by AFPC/DP3ST, it appears the applicant’s job title on his DD Form 214 is in error per guidance contained in AFM 39-1.  Accordingly, we agree with the opinion and recommendation of AFPC/DP3ST and adopt the rationale expressed as our conclusion that the applicant has been the victim of an error or injustice to warrant correction of his job title on his DD Form 214.  With respect to the applicant’s request that the spelling of his middle name be corrected on his DD Form 214, we note AFPC/DP2SSM recommends denial indicating a review of his records reflects he enlisted, served and was discharged with the middle name currently reflected on his DD Form 214.  However, we are persuaded the applicant has provided a birth certificate which reflects the spelling of his middle name on his DD Form 214 is in error.  Given the corrections required on his DD Form 214 to correct his job title and the administrative correction for his date of birth; it is our opinion it is in the interest of justice to also correct the spelling of his middle name on the DD Form 214.  Furthermore, in view of the multiple corrections to the applicant’s DD Form 214 and to preclude the possibility of future difficulties obtaining his benefits through the Department of Veterans Affairs (DVA), we recommend the applicant’s DD Form 214 be reissued reflecting the corrections noted above (AFSC title and middle name) as well as the administrative correction of his date of birth.  Therefore, we recommend the applicant’s records 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 his DD Form 214, Report of Separation from Active Duty, issued in conjunction with his discharge on 27 March 1974, be reissued to reflect the following changes:

a.	 Item 1, Last Name, First Name, Middle Name, Correct  
spelling of his middle name.

b.  Item 16a, Primary Specialty Number and Title, reflect as 
46250, Weapons Mechanic.

The following members of the Board considered AFBCMR Docket Number BC-2015-04356 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04356 was considered:

	Exhibit A.  DD Form 149, dated 2 October 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 6 April 2016, 
		   	  w/atchs.
	Exhibit D.  Letter, AFPC/DP2SSM, dated 9 August 2016.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 9 August 2016.
	Exhibit F.  Letter, AFBCMR, dated 25 August 2016, w/atch.
	Exhibit G.  Letter, AFBCMR, dated 25 August 2016.

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.