RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02730

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1. The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 19 May 08, be changed to coincide with legally changed name.

2. The “number of years in service” in Block 11 of the DD Form 214 be corrected. 

APPLICANT CONTENDS THAT:

The DD Form 214 issued 19 May 08 should be corrected to reflect the 1 Jun 16, legal name change issued by the Arizona Superior Court, Pima County.  Box 11 of the same DD Form 214 should reflect 7 years and 3 days, not 6 years and 10 months.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 19 May 08, the applicant was honorably discharged from the Regular Air Force.

On 1 Jun 16, according to documents submitted by the applicant, a County Circuit Court order was filed, directing the applicant’s name be changed.

 For more information, see the excerpt of the applicant’s record at Exhibit B, the letter at Exhibit C, and the advisories at Exhibits D, E, and F.  

AIR FORCE EVALUATION:

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.  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. A meeting of the Directors of the Army and Air Force Review Boards and SES representatives from the Navy M&RA, OSD/GC, and OUSD/P&R concluded that a records correction, limited to the DD Form 214, was a reasonable outcome when the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice, even if it were technically correct when issued.    The complete advisory is at Exhibit C.  

AFPC/DP2SSM recommends denying the application.  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 DD Form 214, reflected in applicant’s military personnel file reflects the applicant’s name at time of discharge.  The applicant’s official military personnel file reflects the applicant enlisted, served and was discharged using the name on the current DD Form 214.  The complete advisory is at Exhibit D.

AFPC/DP2STM-214 recommends denying the application.  The application was not filed within three years of discovery of the alleged error or injustice, or with due diligence, should have been discovered.  Governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service.  The effective date of the applicant’s name change is after the effective date of the period of service recorded on the DD Form 214.  The applicant does not provide evidence of “error or injustice in the record” as a result of name change not being on the DD Form 214.  The complete advisory is at Exhibit E.  

AFPC/JA recommends denying the application.  The name found on the applicant’s DD Form 214 correctly reflects the name at the time of discharge from the Air Force – it is not erroneous.  The applicant has misread her DD Form 214.  She states that Block 11 shows 6 years and 10 months as her “number of years in service.”  However, Block 11 is clearly labeled as “Primary Specialty” and gives parenthetical instructions to “List number, title, and years and months in specialty.”  Block 12.c correctly lists 7 years and 4 days as her “Net Active Service This Period”.  As such, there is no error to correct.  The complete advisory is at Exhibit F. 

AFPC/DP3DW recommends denying the application.  According to the applicant’s recorded duty history, Block 11 of her DD Form 214 reflecting 6 years and 10 months as a Security Forces Journeyman is correct.  The complete advisory is at Exhibit G.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 30 Apr 18 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2SSM, AFPC/DP2STM-214, AFPC/JA, and AFPC/DP3DW, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02730 in Executive Session on 13 Aug 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 21 Sep 16, w/atch.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 10 Nov 16.
Exhibit E:	Advisory opinion, AFPC/DP2STM-214, dated 2 Aug 17.
Exhibit F:	Advisory opinion, AFPC/JA, dated 10 Aug 17.
Exhibit G:	Advisory opinion, AFPC/DP3DW, dated 7 Sep 17.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.