RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01424 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his legally changed name. APPLICANT CONTENDS THAT: He legally changed his name. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Oct 67, the applicant entered the Regular Air Force. On 13 Nov 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 1 month, and 11 days of active service. The applicant’s name listed on his DD Form 4, Enlistment Contract - Armed Forces of the United States, matches the name listed on his DD Form 214. On 23 Feb 01, the applicant legally changed his name. On 18 Apr 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 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 Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. The applicant’s held the same name at enlistment as he did at discharge. He legally changed his name 37 years after being discharge from the United States Air Force. In accordance with AFI 36-2608, Administrative Separation of Airmen, Chapter 5, Table A7.3, Name Change, states: “Do not correct records of former members to show name changes occurring after discharge.” A complete copy of the AFPC/DPSIRP 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 31 Jul 15 for review and comment within 30 days (Exhibit E). 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. 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. 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-2015-01424 in Executive Session on 7 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01424 was considered: Exhibit A. DD Form 149, dated 1 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 18 Apr 15. Exhibit D. Memorandum, AFPC/DPSIRP, dated 14 Jul 15. Exhibit E. Letter, SAF/MRBR, dated 31 Jul 15.