RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00099

		COUNSEL:  NONE

		HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The inaccurate spelling of his name in his record be corrected and that he receive credit for foreign service duty from Oct 1951 to Nov 53.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the applicant’s master personnel record reflects that he enlisted in the Regular Air Force on 30 April 1951 for a period of four (4) years.  He was honorably discharged on 15 Dec 53.  His DD Form 214, Report of Separation from the Armed Forces of the United States, reflects that he completed 2 years, 7 months and 16 days of total active service, with 1 year and 11 days of foreign and/or sea duty.

Applicant’s records contain several documents reflecting both versions of his name and what appear to be both versions of his signature.

On 25 Jun 02, HQ AFPC/DPSAMP inserted an AF Form 281, Notification of Change in Service Member’s Official Record, in the applicant’s records reflecting the requested name change.

On 25 July 02, HQ AFPC/DPPRSP administratively corrected the applicant’s overseas service time to read 2 years and 19 days rather than 1 year and 11 days.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They state that all the documents in the applicant’s military records, including his DD Form 214, show the name “D--- D--- and are signed with the same name.  The member has not shown that he attempted to change his name while he was in the service.  HQ AFPC/DPSAMP completed the AF Form 281 to change his name on the Air Force file for any contact purpose.  Although HQ AFPC/DPSAMP changed his name for contact purposes, his name on his DD Form 214 remains the same since that is the name he served under.

The DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, is only used to correct an error on the DD Form 214 if it was in error at the time of discharge.  In the applicant’s case, he signed his name correctly at his time of separation and that was his legal name.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant submitted a personal statement refuting the comments from the Air Force evaluation.  He provided several documents to substantiate his claim of the correct spelling of his name.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note that the applicant’s records contain several documents reflecting both versions of his name and that he signed a number of these documents using both versions.  Nevertheless, based on the evidence provided, including a copy of his driver’s license, certificate of marriage registration, his grandfather’s certificate of naturalization, and copies of family grave markers, we believe any doubt should be resolved in the applicant’s favor and that the spelling of his name should be corrected as requested.  Accordingly, we recommend that the applicant’s records be corrected to the extent indicated below.

4.  We note that on 25 July 2002, the Air Force Personnel Center administratively corrected the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, with respect to his “Foreign and/or SEA Service.”  Therefore, no further action is required by this Board with respect to this portion of his application.
___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his name was spelled “D--- D---.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-00099 in Executive Session on 9 October 02, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Jul 02, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 16 Aug 02.
     Exhibit E.  Letter, Applicant, dated 6 Sep 02, w/atchs.