RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02216 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The spelling of his last name be corrected to reflect “XXXX” rather than “XXXX.” _________________________________________________________________ APPLICANT CONTENDS THAT: He believes it is an error and injustice to have his name spelled incorrectly. In support of his request, the applicant provides copies of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, birth certificate, discharge certificate, and correspondence from the Department of the Army. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Available records reflect the applicant entered the Army Air Corps on 28 Feb 43 and honorably separated on 10 Jan 46. The applicant’s WD AGO Form 53-55, issued in conjunction with his separation, reflect the last name “XXXXX” in Block 1, Last Name, First, Name, Middle Initial and Block 56, Signature of Person Being Separated. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIRP recommends denial. DPSIRP states that in accordance with AFI 36-2608, Military Personnel Records System, Table A7, the source document for the requested change either has to be an original or a certified or notarized copy of the original document. Further, on 8 Jul 10, the applicant was advised of the necessary documentation required to change his records. As of this date, the documentation has not been received. The complete HQ AFPC/DPSIRP evaluation with is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Oct 10 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. _________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-2216 in Executive Session on 23 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2010-02216: Exhibit A. DD Form 149, dated 30 Dec 09, w/atchs. Exhibit B. Letter, HQ AFPC/DPSIRP, undated. Exhibit C. Letter, SAF/MRBR, dated 15 Oct 10.