RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-02517

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be changed to reflect his current legal name and social security number.

APPLICANT CONTENDS THAT:

He received a court-ordered legal name change and a new social security card; therefore, he would like his DD Form 214 corrected to coincide with these documents.

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

STATEMENT OF FACTS:

The applicant served in the Regular Air Force and was credited with 2 months and 6 days of honorable active service.

According to a County Court order provided by the applicant, on 28 Jul 76, a Probate Judge directed the applicant’s name be changed.

The social security card provided by the applicant shows a different social security number from the one under which the applicant enlisted, served, and was discharged.

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-G.

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 guidance is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Sep 16, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or injustice.  Air Force Instruction 36-2608, Military Personnel Records System, states that records of former members should not be corrected unless evidence proves the name and/or social security number used while serving with the Air Force were erroneously recorded.  The applicant enlisted, served, and was discharged under the name and social security number reflected on his DD Form 214.

Complete copies of the AFPC/DP2SSM evaluations are at Exhibit E.

AFPC/DP2STM recommends denial, indicating there is no evidence of an error or injustice.  According to DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation Documents, the DD Form 214 is used to provide an accurate and complete summation of active military service at the time of a member’s discharge.  The applicant’s name change occurred after the effective date of the DD Form 214.  Therefore, his name was accurately recorded at the time of his discharge.  

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

AFPC/JA concurs with the AFPC/DP2SSM and AFPC/DP2STM advisories and recommends denial, indicating there is no evidence of an error or injustice.

A complete copy of the AFPC/JA evaluation is at Exhibit G.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 27 Dec 16, 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, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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-2016-02517 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-2016-02517 was considered:

Exhibit A.  DD Form 149, dated 14 Jun 16, w/atchs.
Exhibit B.  Master Personnel Records-Pertinent Extracts.
Exhibit C.  Memorandum, SAF/MR dated 9 Mar 15.
Exhibit D.  Letter, SAF/MRBC, dated 8 Sep 16.
Exhibit E.  Memoranda, AFPC/DP2SSM, dated 6 Oct 16.
Exhibit F.  Memorandum, AFPC/DP2STM, dated 30 Nov 16.
Exhibit G.  Memorandum, AFPC/JA, dated 8 Dec 16.
Exhibit H.  Letter, SAF/MRBC, dated 27 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 pertaining to AFBCMR Docket Number BC-2016-02517.