RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00176 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her military records be changed to reflect her maiden last name versus her married last name, and she be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting the maiden last name. APPLICANT CONTENDS THAT: Her married last name was changed to her maiden last name as a result of her divorce. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 16 Dec 08. On 26 May 10, the applicant’s last name was officially changed as a result of marriage. On 24 Dec 10, the applicant was furnished an honorable discharge, and was credited with two years, and nine days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, 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." A review of the applicant's records revealed an Air Force Form 281; Notification of Change in Service Member's Official Record, officially changed the applicant’s maiden last name to her married last name, on 26 May 10. There was no subsequent Air Force Forms 281 found in the applicant's record. Since the applicant served and was discharged under the married last name, it does not appear to have been erroneously recorded. The divorce decree changing the applicant's name is dated 28 Dec 10, which is after the applicant's period of service. Also, the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, therefore, AFPC/DPSIRP is unable to amend her military record after the fact. 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: Copies of the Air Force evaluations were forwarded to the applicant on 19 May 15 and 11 Jun 15 for review and comment within 30 days. As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. The 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. The 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-2015-00176 in Executive Session on 9 Sep 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00176 was considered: Exhibit A.  DD Form 149, dated 14 Jan 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 28 Jan 15. Exhibit D.  Letter, SAF/MRBR, dated 19 May 15, w/atchs. Exhibit E.  Letter, SAF/MRBR, dated 11 Jun 15.