RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02536

XXXXXXXXXX	COUNSEL: NONE

AKA XXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The name on her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect her current legal name.

APPLICANT’S CONTENTIONS

A long time ago, possibly when she got divorced, she begin using her current name on bank statements, financial information, social security and all important papers, including her son’s birth certificate in 1981.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged airman third class (E-2).

DD Form 4, Enlistment Record, dated 13 Aug 63, shows she enlisted in the Air Force under the name PSMe

AF Form 909, Airman A3C Performance Report, for period 26 Aug 64 thru 30 Apr 65, shows her name as PSMe

DD Form 214 shows she served in the Air Force from 26 Aug 63 to 25 Jun 65, under the name PSMe.  

State Identification Cards, provided by the applicant, show her name as PSMa.

Social Security Administration Letter dated 22 Jun 20, provided by the applicant, shows her name as PSMa. 

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

APPLICABLE AUTHORITY

Air Force policy does not authorize the correction of records of former airmen to show name changes occurring after discharge (AFI 36-2608, Military Personnel Records System, Table A7.3 [Name Changes]).  In particular, if the name appearing on the DD Form 214 was correct at the time it was created, the AFI would not allow a correction, even to reflect a subsequent, legal name change.  The past practice of the Board has been to follow the AFI in all cases except those where the applicant seeks to revert to either a maiden name or the name under which he or she entered service, or the Board finds a particular injustice that warrants an exception to policy, such as noted below in the SAF/MR memorandum.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice.  The Board finds the applicant has not established that presenting their DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-02536 in Executive Session on 25 Mar 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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