RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03107

XXXXXXXXXX 	COUNSEL: NONE
	XXXXXXXXXX
	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 23 Jan 97, be changed to coincide with his name annotated on his Certificate of Adoption.  

APPLICANT CONTENDS THAT:

He has supporting documentation of his name change and would like his records updated to reflect his adoptive parent’s surname.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman (E-2).

On 10 Oct 12, according to documentation provided by the applicant, the District Court Clerk of Comanche County, State of Oklahoma, certified that the applicant was adopted and bear the surname requested, as set forth in a decree of adoption.

For more information, see the excerpt of the applicant’s record at Exhibit B, the SAF/MR memorandum at Exhibit C, and the advisories at Exhibits E, F and G.

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 Board 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 Board 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 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.  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 constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only when the applicant clearly 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:

The Board sent a copy of the SAF/MR memorandum to the applicant on 5 Oct 16 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  Air Force Instruction 36-2608, Military Personnel Records System, indicate not to correct records of former Airmen to show name changes occurring after discharge.  According to the member’s DD Form 214, it was determined that the member enlisted, served and was discharged under his former name.  The complete advisory is at Exhibit E.

AFPC/DP2STM-214 recommends denying the application. In accordance with Department of Defense Instruction (DODI) 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and Air Force Instruction (AFI) 36-3202, Separation Documents, the DD Form 214 will provide an accurate and complete summation of active military personnel service.   The 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 complete advisory is at Exhibit F.

AFPC/JA recommends denying the application.  In accordance with Air Force Instruction 36-2608, Military Personnel Records System, a name change such as that requested by the applicant would not be permitted.  The supporting documentation provided by the applicant for consideration does not establish that the air force erroneously recorded his name as it was provided during his time of service.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluations to the applicant on 18 Jul 17 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES THAT:

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/DP2SSM, AFPC/DP2STM-214, and AFPC/JA 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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 RECOMMENDS 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.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03107 in Executive Session on 8 Nov 18:

, Panel Chair
, Member
, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Application, DD Form 149, w/atchs, dated 28 Jul 16.
Exhibit B: Documentary evidence, including relevant excerpts from official records.
Exhibit C: Memorandum, Name Change Guidance, SAF/MR, dated 9 Mar 15.
Exhibit D: Notification of Name Change Guidance, AFBCMR, dated 5 Oct 16.
Exhibit E: Advisory opinion, AFPC/DP2SSM, dated 16 Nov 16.
Exhibit F: Advisory opinion, AFPC/DP2STM-214, dated 2 May 17.
Exhibit G: Advisory opinion, AFPC/JA, dated 11 May 17.
            Exhibit H: Notification of Advisory, AFBCMR to applicant, dated 18 Jul 17

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-03107.