RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03517 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Date of Birth (DOB) in his records be changed. 2. His first and middle name be corrected to “.” APPLICANT CONTENDS THAT: His birth date is off by one year. His first and middle names are turned around. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 7 Sep 79, the applicant enlisted in the Air Force Reserve (USAFR) for a period of six years under the name of. According to his DD Form 1966, Application for Enlistment – Armed Forces of the United States – Accession Record, dated 7 Sep 79, Section X, Statement of Name for Official Military Records, the applicant indicated that his official name was “;” however, he preferred to use the name of “.” On 17 Sep 79, the applicant entered extended active duty to complete his USAFR Initial Active Duty for Training (IADT) tour. On 8 Feb 80, the applicant was honorably discharged with a reason for separation of marginal performer. He was credited with 4 months and 22 days of active duty service. AIR FORCE EVALUATION: AFPC/DPSIPR recommends denial. DPSIPR notes that as for the DOB, Air Force Instruction 36-2608, Military Personnel Records System, Table A 7.5, Correction of Date of Birth, Note 3 states "Do not correct records of former members unless evidence proves the date of birth used while serving with the Air Force was erroneously recorded." A review of the applicant's records revealed that he enlisted, served and was discharged under the DOB "4 Oct 60." Given that "4 Oct 60" was the DOB the applicant presented for enlistment and there was no change to his DOB during his enlistment, it does not appear to have been erroneously recorded. Also, the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree. Therefore, we're unable to amend the military record after the fact. In regard to the request for a name change, DPSIPR notes that 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 he enlisted, served and was discharged under the name of "." During this review a DD Form 1966, Application for Enlistment, dated 7 Sep 79 was found which indicated the applicant preferred to use the name "." As this document provides evidence the applicant approved the use of the name "", it does not appear the Air Force erroneously recorded his name. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, we are unable to amend his military record after the fact. Based on these facts, recommend this request be denied. The complete DPSIPR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy the Air Force evaluation, with the SAF/MR memorandum was forwarded to the applicant on 26 May 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: The SAF/MR memorandum, dated 9 Mar 15, was provided in order to comply with 10 U.S.C. §1556. Specifically, the memorandum notes 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 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 E). APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy the SAF/MR memorandum was forwarded to the applicant on 26 May 15 for review and comment within 30 days (Exhibit F). 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, a majority of the Board believes the applicant is the victim of an error or injustice. While we note the comments of AFPC/ DPSIPR indicating that relief should be denied because the applicant’s records contain no documentation substantiating a claim that his records are in error; nonetheless, the Board’s majority, believes a preponderance of the evidence substantiates that corrective action is warranted. In this respect, the Board was persuaded by the identification card issued by the Social Security Administration in 2011, the birth certificate issued by the state records administrator in 2011, and the current driver's license issued by the state of Texas. All three documents corroborated the correct name and date of birth for this applicant and, taken together, this documentation substantiates that his DOB was erroneously recorded on the DD Form 214 and that it would be an injustice not to correct the name as it appears on the DD Form 214. The Board also noted the recruiter typed the applicant's name and date of birth on the DD Form 1966/8, including an obvious typographical error, and the evidence indicated the name on the DD Form 214 was based on a different form where the applicant stated a preferred name, thus creating the appearance of a conflict in the official records. In his appeal to the Board, the applicant reported that he has been denied access to his records because of the discrepancy between his DD Form 214 and all his other forms of identification. Therefore, the Board’s majority believes that, since the applicant is now having problems obtaining copies of his official records, he has established a sufficient basis to warrant the requested relief. Accordingly, a majority of the Board recommends the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 8 Feb 80, be amended to reflect in Item 1, Name (Last, first, middle), as “” and in Item 5, Date of Birth, as 4 Oct 61. The following members of the Board considered AFBCMR Docket Number BC-2014-03517 in Executive Session on 2 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to correct the records as recommended. voted to deny, but does not wish to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jun 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Record. Exhibit C. Letter, AFPC/DPSIRP, dated 24 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14. Exhibit E. Memorandum, SAF/MR, dated 9 Mar 15. Exhibit F. Letter, AFBCMR, dated 28 May 15.