RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00488 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The name reflected on his DD Form 214, Report of Separation from the Armed Forces of the United States, be amended to reflect the name on his birth certificate. APPLICANT CONTENDS THAT: A local parish priest issued him a birth certificate with the incorrect spelling of his name as shown on his DD Form 214. The priest told him that the oldest son should be named after his father and refused to change his name. The Board should find it in the interest of justice to consider his untimely application because upon his death, he wants to be interred at local military cemetery with the proper name. In support of his request, the applicant provides a personal statement, copies of his DD Form 214 and his birth certificate. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served on active duty from 6 January 1951 to 5 January 1955. On 24 March 2015, a copy of the SAF/MR memorandum, dated 9 March 2015, was forwarded to the applicant in order to comply with 10 U.S.C. §1556. Specifically, the memorandum notes that the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference. The correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214. If there are extreme circumstances that support corrections to other Air Force records, it was recommended that the panel clearly determine what specific records that must be corrected to eliminate the determined error or injustice. (For example, a blanket correction to “any and all” records without a specific understanding of the records being corrected could be interpreted as an arbitrary action, and therefore should not be done). The AFBCMR should require proof that the applicant's name was legally changed. A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214. (Exhibit F) THE AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel Records System, allows the Air Force to make name changes on prior service personnel if the data in question was recorded in error. It does not appear the Air Force erroneously recorded the applicant's name. His records reflect that he enlisted, served and was discharged under the name that is currently reflected on his DD Form 214. Since the applicant has no continuing affiliation with the Air Force as Reserve member or retiree, DPSIRP cannot amend his military record after the fact. The complete DPSIRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 30 May 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). 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 an error or injustice. In this respect, we note that DPSIRP states the applicant enlisted served and was discharged under the name that is currently reflected on his DD Form 214. However, after carefully reviewing the documents in the applicant’s record, we note that several variations of the applicant’s name are used. In view of this, and in an effort to be consistent, we believe the interest of justice can best be served by providing the applicant a DD Form 214 that matches the birth certificate he provides. Accordingly, we recommend the applicant’s DD Form 214 record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, specifically the DD Form 214, Report of Separation from the Armed Forces of the United States, issued in conjunction with his 5 January 1955 separation, be declared void and a new DD Form 214 be issued to reflect the applicant’s name in Block 1. The following members of the Board considered this application in Executive Session on 23 April 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00488 was considered: Exhibit A. DD Form 149, dated 24 January 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 16 May 2014. Exhibit D. Letter, SAF/MRBR, dated 30 May 2014. Exhibit E. Letter, SAF/MR, dated 9 March 2015 Exhibit F. Letter, SAF/MRBR, dated 24 March 2015.