RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01709

XXXXXXXXX	COUNSEL: NONE
	
XXXXXXXXXXX 	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 21 October 2006, be corrected to reflect the following:

a.	Block 1: His new name

b.	Block 11: Delete Reporting Identifier (RI) 9A000-Enlisted Airman Awaiting Retraining-Disqualified for Reasons Beyond Control; 1 year, 9 months (AFPC will administratively correct)

Add: Air Force Specialty Code (AFSC) 1C0X2 – Aviation Resource Management: 1 year, 9 months

c.	Block 12f: credit for overseas deployment from 6 January 2006 through 6 May 2006 (AFPC will administratively correct)

APPLICANT CONTENDS THAT:

His DD Form 214 should be amended to reflect the totality of his honorable service and new name. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Regular Air Force senior airman, credited with 4 years of net active service this period.

On 19 May 2016, according to documentation provided by the applicant, the Dale County Probate Court, Ozark Alabama, ordered the applicant’s name be changed.

SAF/MR Memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 March 2015, states that in the past, the Board has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced. However, the Board may choose to depart from this precedent when the facts, the equities, or both can be distinguished from past denials, and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice. A complete copy of the SAF/MR guidance is at Exhibit C.

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

AIR FORCE EVALUATION:

AFPC/DP3AM was able to verify and confirm boots on the ground foreign service time at Ali Al Salem Air Base, Kuwait for the period 6 January 2006 through 6 May 2006.  Upon final action of the Board, AFPC/DP2STM will administratively correct the applicant’s DD Form 214; block 12f-Foreign Service to reflect 4 months and 1 day.  The complete advisory is at Exhibit D.

AFPC/DP2SSM recommends against correcting the applicant’s DD Form 214 to reflect name his new name.  AFI 36-2608, Military Personnel Records System, Table A7.3, states, “Do not correct records of former Airmen to show name changes occurring after discharge.”  A complete review of the documentation submitted by the applicant and military records, determined that the applicant enlisted, served and was discharged with the name currently reflected in his records.  The complete advisory is at Exhibit E.

AFPC/DP3ST recommends denial of the applicant’s request to amend, Block 11 to reflect 1C0X2 - Aviation Resource Management: 1 year, 9 months.  They were unable to verify that the applicant performed duties within AFSC 1C0X2.  Upon final action of the Board, AFPC/DP2STM will administratively correct the applicant’s DD Form 214, Block 11, to remove  RI 9A000 and correct AFSC 1C131 to reflect, 3 years and 10 months.  The complete advisory, with attachments, is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 20 Jul 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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 recommendation of AFPC/DP3AM, AFPC/DP2SSM and AFPC/DP3ST and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). Moreover, the applicant has offered no plausible reason for the delay in filing the application. Therefore, beyond the relief the OPR will administer to the applicant’s record, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-01709 in Executive Session on 8 November 2018:

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 28 March 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D:	Advisory opinion, AFPC/DP3AM, dated 7 April 2018.
Exhibit E:	Advisory opinion, AFPC/DP2SSM, dated 29 June 2018.
Exhibit F:	Advisory opinion, AFPC/DP3ST, w/atchs, dated 17 July 2018.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 20 July 2018.

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