RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00994

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His military records be corrected to reflect his legally changed 
name.


APPLICANT CONTENDS THAT:

He legally changed his name after he was discharged from the Air 
Force.  

At that time, our country was having problems with Russia and 
the belief was his original name might cause employment 
challenges; therefore, at the request of a company that offered 
him a job as a technical sales representative he legally changed 
his name.  

In support of his request, the applicant provided a copy of his 
Honorable Discharge Certificate, dated 27 Sep 45, a copy of WD 
AGO 53-55, Enlisted Record and Report of Separation Honorable 
Discharge, and a personal letter detailing why he changed his 
name, dated 9 Mar 14. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Feb 
43.

On 27 Sep 45, the applicant was furnished an Honorable 
discharge, and was credited with 2 years, 1 month, and 14 days 
of active service.   

The applicant’s WD AGO 53-55 reflects his name as “APPLICANT”

On 1 Apr 15, the applicant was forwarded a copy of the SAF/MR 
memorandum, dated 9 Mar 15, that was provided 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.  However, 
any such name change should be limited only to the DD Form 
214; any change to an applicant's other records to reflect a 
post-service name change should rarely be recommended, and 
only in the most unusual cases.  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 214 and for the 
limited purposes of mitigating an injustice caused by use of 
the DD Form 214.  

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial indicating there is no evidence of 
an error or an injustice.  

Air Force Instruction 36-2608, Military Personnel Records 
System, Table A7.3, Note 5 states: “Do not correct records of 
former members unless evidence proves the name used while 
serving with the Air Force was erroneously recorded”. 

The applicant did not provide any legal documentation to 
authenticate a name change or the date of the action. If the 
legal documentation indicated the name change occurred after the 
applicant's discharge, they would not approve the request.  

Since the applicant has no continuing affiliation with the Air 
Force as Reserve member or retiree, they are unable to amend his 
military record after the fact.  

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his response, the applicant provides copies of the 
court papers that legally changed his name, dated 8 Jan 65. 


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.  


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00994 in Executive Session on 5 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-00994 was considered:

	Exhibit A.  DD Form 149, dated 9 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 25 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 14.
	Exhibit E.  Applicant’s Letter, dated 7 Oct 14.
	Exhibit F.  Letter, SAF/MR, dated 1 Apr 15.