RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03836

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be 
amended to reflect his name change.


APPLICANT CONTENDS THAT:

His name has been changed by court order.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
12 Jul 65 and served on active duty until he was honorably 
discharged on 3 Jul 73.

On 28 Oct 97, according to documentation submitted by the 
applicant, his name was changed based on the decree of name 
change, by the state of Louisiana.

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


AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial indicating there is no evidence of 
an error or an injustice.  In accordance with Air Force 
Instruction, 36-2608, Military Personnel Records System, Table 
A7.3, “Do not correct records of former members unless evidence 
proves the name used while serving with the Air Force was 
erroneously recorded.”  As this was the name the applicant 
presented for enlistment and there was no change to his name 
during enlistment, it does not appear to have been erroneously 
recorded.  
A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.

SAF/MR provided a memorandum of guidance with regard to name 
changes.  The memorandum is advisory only and is not intended 
to predetermine outcomes or otherwise restrict the AFBCMR's 
statutory authority under 10 U.S.C. §1552, where there is 
error or injustice.  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.  

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 214.  

A complete copy of the SAF/MR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 Feb 15 and 15 Jun 15 for review and comment 
within 30 days (Exhibit E).  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 in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.    
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 members of the Board considered AFBCMR Docket 
Number BC-2014-03836 in Executive Session on 16 Jul 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03836 was considered:

	Exhibit A.  DD Form 149, dated 19 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 21 Oct 14.
	Exhibit D.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit E.  Letter, SAF/MRBR, dated 15 Jun 15.