RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05223

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect her 22 Sep 15 court ordered name change.

APPLICANT CONTENDS THAT:

She changed her name on 22 Sep 15, and wants a new DD Form 214 that reflects this name change.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Jul 72.

On 25 Jul 72, the applicant was furnished an honorable discharge, and was credited with twelve days of active service.  

On 22 Sep 15, according to documents submitted by the applicant, she changed her name.   

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 at Exhibit D.    

AIR FORCE EVALUATION:

SAF/MR provided a memorandum of guidance with regard to name changes. The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR's statutory authority under 10 U.S.C. §1552, where there is error or injustice. 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. 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 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214.  

A complete copy of the SAF/MR memorandum is at Exhibit C. 

AFPC/DPSSM recommends denial indicating there is no evidence of an error or an injustice.  AFI 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.”  After further review of the applicant’s official military personnel file it was determined that she enlisted, served and was discharged under the name listed on her DD Form 214.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 25 Feb 16 and 11 May 16 for review and comment within 30 days (Exhibits C and 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  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 Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-05223 in Executive Session on 15 Nov 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05223 was considered:

	Exhibit A.  DD Form 149, dated 3 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 25 Feb 16, w/atch
	Exhibit D.  Memorandum, AFPC/DPSSM, dated 16 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated DD MMM YY.

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.