RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03231
								INDEX CODE:  100.01
	XXXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her DD Form 214 be corrected to change her name from XXXXXXXXXX to reflect her change of sex identity.

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APPLICANT CONTENDS THAT:

She underwent Genital Reassignment Surgery in October, 2006. 

In support of her appeal, she has provided copies of a court order reflecting the name change from the Allegan County, Michigan Judicial Circuit Family Division, a letter from the physician who performed the Genital Reassignment Surgery, a DD Form 214, dated 29 September 1972, RO CA-075579 and an Honorable Discharge Certificate from the United States Air Force, effective 7 October 1974, and an NGB Form 22 and SO ANG-A-39-MI, which show a final separation date of 1 March 1991.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

A review of the military personnel records shows that the applicant initially entered the Regular Air Force on 8 October 1968, and completed 3 years, 11 months, and 22 days of net active service before being honorably released from active duty on 29 September 1972, and thereafter honorably discharged on 7 October 1974.  The applicant subsequently enlisted in the Air National Guard, and completed 16 years, 8 months, and 14 days of net service before being honorably separated in the grade of technical sergeant (E-6) on 1 March 1991.  The applicant is currently assigned to the Retired Reserve List, and is awaiting Reserve retired pay at age 60 (DOB is 13 October 1949 – age 58).

AFI 36-2608, Table A7.3, Note 5, states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.”

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AIR FORCE EVALUATION:

ARPC/JA recommends denial as the requested change is not authorized.  AFI 36-2608, Table A7.3, states “Do not correct records of former members to show name changes occurring after discharge.”  According to the letter from the physician who performed the surgery, the applicant’s surgery occurred on 13 October 2006, more than 15 years after retirement from the Michigan Air National Guard, and nearly 35 years after the DD Form 214 was issued.

The ARPC/JA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 19 October 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant’s Genital Reassignment Surgery was performed more than 15 years after retirement from the Michigan Air National Guard, and nearly 35 years after the DD Form 214 was issued, and no evidence has been presented that the name used while serving with the Air Force was erroneously recorded.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-03231 in Executive Session on 13 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/JA, dated 16 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.