RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-05408

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The name on his DD Forms 214, Report of Separation from the Armed Forces of the United States, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

His name was legally changed.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214 he served from 18 September 1950 through 17 September 1954. 

A County Circuit Court order dated 29 March 1956, directed the applicant’s name be changed.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by SAF/MR and the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D and G.    

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion is doing so.  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.  This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce.  Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  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 memorandum is at Exhibit C.

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.

The governing Air Force instruction states do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.

A review of the applicant’s submitted supporting documentation revealed the applicant enlisted, served and was discharged under the name reflected on his 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 SAF/MR memorandum and the Air Force evaluation were forwarded to the applicant on 16 June 2016 and 1 December 2016, for review and comment within 30 days (Exhibits E and F).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM-214 recommends denial indicating there is no evidence of an error or injustice.  Governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) state the DD214 will “provide an accurate and complete summation of active military personnel service.’  At the time of discharge, the applicant’s name was accurately recorded.  

Governing directives do not provide authority to change the contents of the DD214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service.  The application of this directive is across all branches of service. 

A complete copy of the AFPC/DP2STM-214 evaluation is at Exhibit G.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 20 December 2016, for review and comment within 30 days (Exhibit H).  As of this date, no response has been received by this office.

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-2015-05408 in Executive Session on 23 March 2017, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05408 was considered:

	Exhibit A.  DD Form 149, dated 19 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.  Memorandum, AFPC/DP2SSM, dated 25 May 16.
Exhibit E.  Letter, AFBCMR, dated 16 Jun 16.
	Exhibit F.  Letter, SAF/MRBR, dated 1 Dec 16.
Exhibit G.  Memorandum, AFPC/DP2STM, dated 30 Nov 16.
	Exhibit H.  Letter, SAF/MRBR, dated 20 Dec 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.