ADDENDUM TO 
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2002-01798
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her new name.

RESUME OF CASE:

On 3 Feb 12, The Board considered and denied the applicant’s original request that all military computer records indicating her sex as male be changed to reflect female.  The Board agreed with the OPR that the applicant’s records correctly reflect the legal name/gender under which the applicant served and retired.  For accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F.  

On 13 Aug 15, the BCMR received a request, dated 8 Aug 15, from the applicant for reconsideration of her original request.  In this request, she specifically identifies disclosure of her former name on her DD Form 214 as an injustice due to the social stigma and discrimination that transgender people face and because it reveals her transgender status every time she presents her DD Form 214.  She contends that changing her DD Form 214 to reflect her new name will remedy the injustice.  She supplied documents associated with her transgender change:  State of New Mexico District Court Order changing her name, new birth certificate, medical doctors’ statements, driver’s license, and passport.  

On 9 Feb 16, AFPC/DP2SSM informed the applicant they made the requested change in their personnel system per the memo and AF IMT 281 dated “11 Mar 98” which she included in her 8 Aug 15, submission package requesting her DD Form 214 be updated to reflect the change as well. They recommended to the SAF MRBR office her request be forwarded to the appropriate office to update her DD Form 214 as their office is not the deciding entity for updating the DD Form 214 (Exhibit H).

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit I.

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial stating governing directives for the DD Form 214, (DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation Documents) state the DD 214 will “provide an accurate and complete summation of active military personnel service.’ At the time of discharge, the applicant’s name was accurately recorded. Governing DoDI does not provide authority to change the contents of the DD 214, used to record past military service, for data changes after it’s close out date, when the document is certified/uncontested accurate at the time of publication, or based on a potential undocumented injustice. The name change is after the effective date of the DD Form 214, and the applicant did not provide evidence an injustice has occurred.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit I.

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion in doing so.  In the past, the AFBCMR has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced.  The Board may choose to depart from this precedent when the facts and/or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  

Because the DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs or in seeking employment with organizations that grant veteran’s preferences, a name change on the DD Form 214 may be appropriate when the veteran asserts that presenting their DD Form 214 which lists their old name effectively requires them to explain their personal history which they find needlessly intrusive and is thus an injustice.  This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce.  Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority. 

A complete copy of the SAF/MR evaluation is at Exhibit J.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the SAF/MR memorandum were forwarded to the applicant on 19 Apr 16 and 31 May 16 for review and comment within 30 days (Exhibits I and J).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s name on her DD Form 214.  Although the applicant’s DD Form 214 was technically correct at the time it was issued, it is our opinion that should the applicant be required to present her DD Form 214 with her former name to external audiences; the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive.  Therefore we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice.  Further, we find the applicant’s certified court order and other forms of government and state issued IDs which reflect her name change sufficient proof that her name was legally changed.  Accordingly, we recommend the applicant’s record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her release from active duty on 30 September 1987, for the purpose of retirement, be declared void and a new DD Form 214 be issued reflecting the applicant's current legal name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2002-01798 in Executive Session on 15 Nov 16, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2002-01798 was considered:

	Exhibit F.  Original Case File, dated 3 Mar 03.
	Exhibit G.  DD Form 149 RECON File, dated 8 Aug 15.
	Exhibit H.  Memorandum, AFPC/DP2SSM, dated 9 Feb 16, w/atch.
	Exhibit I.  Memorandum, AFPC/DPSOR, dated 13 Apr 16.
	Exhibit J.  Memorandum, AFBCMR, dated 19 Apr 16, w/atch.
	Exhibit K.  Letter, SAF/MRBR, dated 31 May 16.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.