RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01204

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect a name different than that reflected on his DD Form 214.

APPLICANT CONTENDS THAT:

His DD Form 214 shows his prior legal name.  He is applying for a Department of Veterans Affairs (DVA) Loan and desires his DD Form 214 to reflect his current name.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 July 1989.

On 28 November 1990, the applicant was furnished an honorable discharge, and was credited with 1 year, 4 months, and 9 days of active service.

On 21 June 2016, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 March 2015, that was provided 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.  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.  A copy of this was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating after review of the applicant’s military personnel record it is determined that the member enlisted, served, and was discharged as the name on his DD Form 214.

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

AFPC/DP2STM recommends denial indicating governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) state the DD Form 214 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 DD Form 214 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 effective date of the name change is after the effective date of the period of service recorded on the DD Form 214.  The application of this directive is across all branches of service.

A complete copy of the 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 October 2016 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 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 RECOMMENDS 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-2016-01204 in Executive Session on 15 August 2017 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 March 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 21 June 2016, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 25 July 2016.
	Exhibit E.  Memorandum, AFPC/DP2STM, dated 20 September 2016.
	Exhibit F.  Letter, AFBCMR, dated 19 October 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.