RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04834

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The name on her discharge certificate be changed to coincide with her legal maiden name.

APPLICANT CONTENDS THAT:

Her discharge certificate reflects her married name rather than her maiden name.  While on active duty for 4 years, she purposely did not change her name in order for her discharge certificate to reflect her maiden name.  Her legal name during her active duty enlistment was her maiden name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 02 Feb 08, the applicant was furnished an honorable discharge as an Air Force senior airman and was credited with 4 years of active duty which bears her maiden name.

On 02 Jun 08, Notification of Change in Service Member’s Official Records, records her name change due to marriage.

On 3 Mar 09, according to documentation provided by the applicant, the Fifth Judicial District Court of the State of Nevada, Nye County, Nevada, issued a decree of divorce.  Line item 13 states the applicant does not desire or require to have her former name restored to her.

On 7 Feb 12, per Reserve Order CA-004946, the orders were issued to the applicant using her married name.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

After a thorough review of the official records, it seems that if the discharge certificate reflects the applicant’s maiden name, it would be in error.  Since the member did not provide a copy and copies are not retained in the record, the information cannot be verified.  While the DD Form 256AF would be incorrect, the Air Force no longer maintains an inventory of these certificates or issues them.  Had the request been timely, the Air Force may have been able to apply an administrative remedy.   The Air Force is unable to apply an administrative remedy to re-publish a document no longer maintained in stock.

A complete copy of the advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 22 Mar 18 for comment (Exhibit D), 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, the Board is not convinced the applicant has provided sufficient evidence for them to conclude that she is the victim of an error or injustice.  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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  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-2017-04834 in Executive Session on 25 Jul 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 02 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-214, dated 21 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Mar 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.