RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-02475

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and military records be changed to reflect his correct legal name.

APPLICANT CONTENDS THAT:

The simple error on his DD Form 214 should be corrected.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 1959-1963 and was credited with 3 years, 11 months, and 13 days of honorable service.

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 E and F.

AIR FORCE EVALUATION:

SAF/MR Memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 March 2015, states that in the past, the Board has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced.  However, the Board may choose to depart from this precedent when the facts, the equities, or both can be distinguished from past denials, and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.

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 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  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 E.

AFPC/DP2STM also recommends denial.  A review of the applicant’s enlistment contract reflects the name as it appears on the DD Form 214.  Further review reveals multiple pages of military documents, including personnel and medical records, where the name is typed as on the DD Form 214.  The name was consistently recorded that way (without exception).  Moreover, that is how the applicant himself filled out forms and signed them.  There is no evidence in the military record of the name he now claims, nor of any attempt to correct the name during his active service.  AFPC/DP2STM also notes the applicant did not explain the delay in applying to change his 1963 DD Form 214.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 7 Feb 17, for review and comment within 30 days (Exhibit G).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD DETERMINES THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered AFBCMR Docket Number BC-2016-02475 in Executive Session on 15 Feb 18, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02475 was considered:

Exhibit A.  DD Form 149, dated 14 Jun 16, w/atchs.
Exhibit B.  Master Personnel Records - Pertinent Excerpts.
Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.  Letter, AFBCMR, dated 24 Aug 16.
Exhibit E.  Memorandum, AFPC/DP2SSM, dated 10 Nov 16.
Exhibit F.  Memorandum, AFPC/DP2STM, dated 1 Dec 16.
Exhibit G.  Letter, AFBCMR, dated 7 Feb 17.

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.