RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03403 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her name be changed on her DD Form 214, Certificate of Release or Discharge from Active Duty, from XXXXXXXXXX to XXXXXXXXXX. APPLICANT CONTENDS THAT: She divorced in 2004 and reverted back to her maiden name, but the name change was not applied to her DD Form 214. Numerous attempts to obtain a replacement DD Form 214 have failed due to the name change. She provides her marriage certificate, birth certificate, District of Columbia (DC) Air National Guard (ANG) honorable service certificate and passport showing her name change in support of her application. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Sep 83, the applicant entered the Air National Guard of the District of Columbia. According to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 24 Sep 83, the applicant’s name is recorded as XXXXXXXXXX. On 21 Sep 87, the applicant was honorably discharged under the provisions of ANGR 39-10, Administrative Separation of Airmen, paragraph 5-4h, and transferred to the Air Force Reserves according to NGB Form 22, Report of Separation and Record of Service. She was credited with 3 years, 11 months and 28 days of service. On 15 May 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 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. AIR FORCE EVALUATION: AFPC/DPSIR 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.” A review of the applicant’s records revealed that she enlisted, served and was discharged under the name of “XXXXXXXXXX”. The applicant did not provide a copy of her divorce decree, but indicates on the DD Form 149, the divorce was in 2004. This indicates the applicant’s divorce took place after her period of service. As the divorce took place after the applicant’s period of service, it does not appear the Air Force erroneously recorded the applicant’s name. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, DPSIR is unable to amend her military record after the fact. The complete DPSIR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Feb 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or injustice. We took notice of the applicant’s complete submission, including birth certificate, marriage certificate, discharge certificate and Social Security Administration card, 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 of injustice. While we acknowledge the applicant’s request to change her name because of her divorce, we do not believe she has demonstrated evidence of an injustice, as compared to others in her similar situation. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03403 was considered: Exhibit A. DD Form 149, dated 10 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIR, dated 24 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15.