RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00047 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His name be changed on his DD Form 214, Certificate of Release or Discharge from Active Duty, from XXXXXX to XXXXXX. APPLICANT CONTENDS THAT: He was granted a court-ordered name change from XXXXXX to XXXXXX. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the DD Form 4, Enlistment Record – Armed Forces of the United States, certified on 19 Sep 00, the applicant enlisted in the Regular Air Force under the name currently reflected in his record. According to the DD Form 214, on 18 Sep 04, the applicant was released from active duty, under the name currently reflected in his record, after completion of required active service. According to the Court Order, State of XXX, County of XXX, submitted by the applicant, dated 16 Dec 14, his name was changed from XXXXXX to XXXXXX. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, DPSIRP is unable to amend his military record after the fact. Air Force Instruction (AFI) 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 “XXXXXX.” The court order changing the applicant’s name is dated 16 Dec 2014, after his period of service, so it appears the Air Force did not erroneously record the applicant’s name. The complete DPSIRP evaluation is at Exhibit C. SAF/MR makes no recommendation, but indicates 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 is 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. The complete MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Jun 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 the copy of the court-ordered name change, 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 his name on his DD Form 214, we do not believe he has demonstrated evidence of an injustice, as compared to others in his 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-2015-00047 was considered: Exhibit A. DD Form 149, dated 16 Dec 146 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIRP, dated 14 Jan 15. Exhibit D. Letter, SAF/MRBR, dated 9 Jun 15.