RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05136

XXXXXXXXXXXXX	COUNSEL: NONE
 	
	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 18 Sep 64, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

He did not realize it needed to be changed at the time of the name change document.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman second class (E-3).

On 26 Jan 84, according to documentation provided by the applicant, the Circuit Court in Seminole County, Sanford, Florida, granted the applicant a change of name.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  The DD Form 214 reflects the applicant’s name at the time of discharge.  In accordance with AFI-36-2608, Military Personnel Records System, records of former Airmen should not be corrected to show name changes that occurred after discharge.  The complete advisory is at Exhibit C.

AFPC/DP2STM-214 recommends denying the application.  The applicant’s name was recorded correctly at the time of discharge.  Governing directives do not provide authority to change the contents of the DD Form 214 when the changes have an effective date after the close out date of the document and did not occur during the recorded period of military service.  The effective date of the applicant’s name change is after the effective date of discharge.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 4 May 18 for comment (Exhibit E), 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 recommendations of AFPC/DP2SSM and AFPC/DP2STM-214 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 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-2016-05136 in Executive Session on 12 Jun 18:

 , Panel Chair 
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 22 Mar 18.
Exhibit D:	Advisory opinion, AFPC/DP2STM-214, dated 22 Mar 18.
Exhibit E:	Letter, SAF/MRBC to applicant, dated 4 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding Docket Number BC-2016-05136