RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00679
		INDEX CODE:  100.01
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:
	
The name and gender on her military records be corrected to her legal name and her gender be changed to male.

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APPLICANT CONTENDS THAT:

She has undergone psychological and medical testing to determine her true gender.  She has also had corrective surgery.

In support of the application, the applicant submits copies of her Record of Birth, legal name change affidavit, driver’s license, social security card, and doctor’s statements.  

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was honorably discharged from active duty due to expiration term of active obligated service on 26 Aug 90.  She had served four years.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPSS recommends denial.  DPSS states the name and gender in the service record is correct.  The applicant has no continuing affiliation with the Air Force as a Reserve member or retiree; therefore, changing her name and/or gender in the service record after the fact is not appropriate.  Air Force Instruction 36-2608 states that the name is not corrected for former members unless it was recorded originally in error.

The complete DPSS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant on 16 May 08, for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief.  After reviewing the evidence of record, the Board believes the applicant should be provided a document that not only reflects her current name but also indicates her active duty service.  We understand we should not change the applicant’s original DD Form 214 (Certificate of Release from Active Duty) because it accurately reflects the applicant’s information during her period of active duty service and should not be altered because of post-service name and gender changes.  We believe an additional corrected copy will provide the applicant with adequate documentation to reflect her active duty service using her current name.  Therefore, we recommend the records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected, as an exception to policy, by issuing an additional DD Form 214 (Certificate of Release from Active Duty), reflecting in block 1, Name: ---------------, and blocks 2 through 30 reflect the identical information as indicated on the original DD Form 214 issued on the occasion of release from active duty, effective 26 August 1990, currently in the applicant’s record.

It is further recommended the original DD Form 214 issued on the occasion of release from active duty, effective 26 August 1990, be maintained in the applicant’s records.

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The following members of the Board considered this application in Executive Session on 9 Sep 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2004-00679:

    Exhibit A.  DD Form 149, dated 14 Apr 08, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSS, dated 7 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 08.

AFBCMR BC-2004-00679

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

		The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected, as an exception to policy, by issuing an additional DD Form 214 (Certificate of Release from Active Duty), reflecting in Name: APPLICANT, and blocks 2 through 30 reflect the identical information as indicated on the original DD Form 214 issued on the occasion of release from active duty, effective 26 August 1990, currently in the applicant’s record.

It is further recommended the original DD Form 214 issued on the occasion of release from active duty, effective 26 August 1990, be maintained in the applicant’s records.