RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01718 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1. The spelling of his middle and last name be changed.

2. He be awarded the following decorations: 

a.  Presidential Unit award [sic] (administratively corrected),

b.  Air Force Outstanding Unit Award with Combat V device, and

c.  Republic of Vietnam Gallantry Cross with Palm (administratively corrected).

APPLICANT CONTENDS THAT:

Applicant provides no justification for the requested change in spelling to his name.

He was assigned to the 3rd Armament and Electronics Maintenance Squadron when the 3d Tactical Fighter Wing was awarded the Presidential Unit award [sic], Air Force Outstanding Unit Award with Combat V device, and Republic of Vietnam Gallantry Cross with Palm.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Sep 65.

On 19 Apr 69, the applicant was furnished an honorable discharge, and was credited with 3 years, 6 months, and 29 days of active service.   

DD Form 4, Enlistment Record Armed Forces of the United States, for enlistment on 21 Sep 65, and DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, with a 19 Apr 69 discharge date, reflect the applicant was enlisted, served and was discharged under the name he wishes to have changed.

An Amendment to Certificate of Birth, dated 28 Apr 72, was issued by the Texas Department of Health, and reflects the applicant’s name was corrected. 

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 attached at Exhibit C, D and E.    

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, 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 in 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 evaluation is at Exhibit C.

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

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.”  After further review of the member’s official military personnel file it is determined that the member enlisted, served and was discharged with the name he is requesting to have change.

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

AFPC/DP3SP verified entitlement to award of the following awards:

a.  Presidential Unit Citation (PUC)

b.  Air Force Outstanding Unit Award with Valor (AFOUA w/V)

c.  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (administratively corrected).  

Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect these decorations.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Dec 16 for review and comment within 30 days (Exhibit F).  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 beyond the relief provided administratively.  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, aside from the aforementioned administrative corrections, 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-2016-01718 in Executive Session on 2 May 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01718 was considered:

	Exhibit A.  DD Form 149, dated 15 Apr 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 20 Jul 16.
	Exhibit E.  Memorandum, AFPC/DP3SP, dated 18 Dec 16.
	Exhibit F.  Letter, AFBCMR, dated 22 Dec 16, w/atch SAF Memo.

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.