RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01719

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty be amended to reflect his current name.

APPLICANT CONTENDS THAT:

His name was changed when he became a U.S. Citizen.  His official records were changed, to include his discharge and certificate of training, as indicated on DD Form 1343, Notification of Change in Service Member Official Records, dated 28 May 70.  However his DD Form 214 was never corrected.  Since no one recognizes him by the name that appears on his DD Form 214, it makes it difficult to make the connection.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Nov 68.

On 14 May 69, the applicant was released from active duty and transferred to the Air Force Reserve with a termination date of 31 Oct 74 and was credited with 6 months and 14 days of active service.

On 28 May 70, the Air Reserve Personnel Center (ARPC) changed the applicant’s official records to reflect his new name as indicated on DD Form 1343.

On 30 Nov 70, the applicant was relieved from his then current assignment and honorably discharged from the Air Force Reserve prior to expiration of term of obligation for the convenience of the government.

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 D.

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 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.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MR memorandum was forwarded to the applicant on 7 Jun 16 (Exhibit C).  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 an injustice.  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.   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 Mar 17 for review and comment within 30 days (Exhibit E).  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-2016-01719 in Executive Session on 27 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01719 was considered:

	Exhibit A.  DD Form 149, dated 23 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 20 Sep 16.
Exhibit E.  Letter, AFBCMR, dated 2 Mar 17, w/atchs.

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.