RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01500 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to his full legal name. Further, his DD Form 214 be corrected to add the following: a. The Air Force Outstanding Unit Award (AFOUA) (administratively corrected). b. The Enlisted Missile Badge (Basic) (administratively corrected). c. The USAF Non-Commissioned Officer (NCO) Professional Military Education (PME) Graduate Ribbon (administratively corrected). APPLICANT CONTENDS THAT: The documentation provided from 1979 shows he used his full legal name. He was assigned to the 90th Strategic Missile Wing during a period of time that this organization was awarded the AFOUA His DD Form 214 documents he meets the qualifications for the basic Enlisted Missile Badge and the NCO PME Graduate Ribbon. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 Nov 79 the applicant entered the Regular Air Force. On 15 Nov 83, the applicant was furnished an honorable discharge, and was credited with four years of active service. On 17 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 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 (Exhibit G). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial of the request to change the applicant’s name on his DD Form 214 to his full legal name 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. The applicant contends he never legally changed his name to the name listed on his DD Form 214. However, the applicant submitted as evidence his DD Form 4, Enlistment/Reenlistment Contract dated 10 Aug 79 showing his enlistment name as that shown on his DD Form 214. The applicant also submitted as evidence his DD Form 1966/8 dated 7 Aug 79 as evidence that his preference was to be recognized as that name shown on his DD Form 214. Thus, the applicant enlisted, served, and was discharged under the name shown on his DD Form 214. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. ? AFPC/DPSIM recommends approval of the request to add the Enlisted Missile Badge (Basic) to the applicant’s 214 indicating an error has occurred. This is based on a review of his DD Form 214 and the AF Form 1171 provided by the applicant which awarded the badge to him. Upon a final decision by the AFBCMR, the applicant’s record will be administratively corrected. A complete copy of the AFPC/DPSIM evaluation is at Exhibit D. AFPC/DP3SP reviewed the applicant’s official military record and verified that the applicant should have been awarded the AFOUA, the NCO PME Graduate Ribbon, the Air Force Good Conduct Medal, the Air Force Longevity Service Award and the Air Force Training Ribbon. The applicant’s military record will be administratively corrected by AFPC/DP2STM. A complete copy of the AFPC/DP3SP evaluation is at Exhibit E. The applicant refutes the AFPC/DPSIRP analysis by restating that page 8 of the DD Form 1966, Application for Enlistment – Armed Forces of the United States, while stating his name preference also states what his full legal name is. Thus, the Air Force was informed of his full legal name and should correct his DD Form 214. (Exhibit F) 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 to grant relief in changing the applicant’s name on his DD Form 214 to his full legal name. We took notice of the applicant’s complete submission in judging the merits of the case to include the applicant’s rebuttal; 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. The applicant acknowledged his legal name on his DD Form 1966 but specifically designated another name to be used in all official military records. As a result of the applicant’s designation, the applicant enlisted, served, and was discharged under the name shown on his DD Form 214. Further the applicant has failed to demonstrate a significant injustice has occurred because his DD Form 214 does not reflect his full legal name. We do note that after a review of the applicant’s military record it was verified award of the Enlisted Missile Badge (Basic), the AFOUA, and the NCO PME Graduate Ribbon is appropriate and that administrative action by the AFPC OPRs is being taken. 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-2015-01500 in Executive Session on 4 Feb 16 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIRP, dated 31 Aug 15. Exhibit D. Memorandum, AFPC/DP3SP, dated 7 Dec 15. Exhibit E. Memorandum, AFPC/DPSIM, dated 8 Jul 15. Exhibit F. Rebuttal Letter, Applicant, dated 11 Jan 15. Exhibit G. Memorandum, SAF/MRBR, dated 17 Apr 15 w/atch. Exhibit H. Memorandum, SAF/MRBR, dated 16 Dec 15 w/atch.