RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04585

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUESTS:

1.  That the name on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to her maiden name.

2.  Her ex-husband’s name be removed from her DD Form 214, Block 19b, Nearest Relative.

APPLICANT’S CONTENTION:  She received a court ordered name change in conjunction with her official divorce which was effective 8 April 2016; therefore she would like her DD Form 214 to reflect the aforementioned changes.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:  The applicant retired from the Regular Air Force on 31 March 2014. 
According to a County Court order provided by the applicant, on 8 April 2016, a Circuit Court Judge approved changing the applicant’s name to her maiden name in association with a final divorce decree.  In a letter dated 28 August 2017, AFPC/DP2SSM informed the applicant that her name had been updated in the Military Personnel Data System, and a copy of AF Form 281, Notification of Change in Service Member’s Official Records, was provided to the applicant.  For more information, see the excerpt of the applicant’s record at Exhibit B, the SAF/MR guidance at Exhibit C and the advisory at Exhibit E.

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. This type of injustice may arise in situations such as when the name change is associated with a divorce.  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 guidance to the applicant on 8 August 2017 for comment (Exhibit D), but has received no response. 

ADDITIONAL AIR FORCE EVALUATION:  AFPC/DP2STM recommends denial, indicating there is no evidence of an error or injustice.  The applicant’s name and nearest relative was accurately recorded on the DD Form 214 at the time of her discharge.  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.  In addition, the ex-husband’s name reflected on the DD Form 214 does not impact the applicant’s benefits or entitlements.  A complete copy of the AFPC/DP2STM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:  The Board sent a copy of the Air Force evaluation to the applicant on 15 September 2017 for comment (Exhibit F), but has received no response 

THE BOARD CONCLUDES:

1.  The application was 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 the victim of an injustice.  While the Board notes the comments of AFPC/DP2STM indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  In particular, the Board notes the applicant’s circumstances conform to one of the scenarios outlined in the SAF/MR Memorandum as potentially unjust.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS:  The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 31 March 2014 discharge, be declared void; a new DD Form 214 be issued to show her current legal name in Block 1 and no information in Block 19b; and no entries be made on the reissued DD Form 214 indicating the name was changed, the information in Block 19b was removed, or the DD Form 214 was administratively reissued.

CERTIFICATION: The following quorum of the Board, as defined in AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04585 in Executive Session on 22 March 2018:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 10 November 2016, w/atchs
Exhibit B: Documentary evidence, including excerpts from official records
Exhibit C: Memorandum, SAF/MR, dated 9 March 2015
Exhibit D: Letter, SAF/MRBC, dated 8 August 2017
Exhibit E: Advisory Opinion, AFPC/DP2STM, dated 29 August 2017
Exhibit F: Notification of Advisory, AFBCMR to applicant, dated 15 September 2017

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