RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00368

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

The name on her DD Form 214, Report of Separation from the Armed Forces of the United States, dated 20 May 55, be changed to coincide with her legal name change.

APPLICANT CONTENDS THAT:

She enlisted under her maiden name.  She is making advanced arrangements for a military funeral and planning to be buried with her parents in the family plot.  She would like her DD Form 214 to reflect her maiden name, which is her legally changed name.  In support of her request, the applicant provides a copy of a court ordered name change.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant was honorably discharged after serving in the Regular Air Force from 23 Mar 53 through 20 May 55.

On 31 Jul 62, according to documentation provided by the applicant, the Second Judicial District Court, Davis County, Utah, as part of a decree of divorce, ordered the applicant’s name be changed back to her maiden name.

For more information, see the excerpt of the applicant’s record at Exhibit B and the SAF/MR guidance at Exhibit C.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the Board 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 Board 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 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.  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 constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.

A complete copy of the SAF/MR guidance is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the AFBCMR Letter to the applicant on 02 Oct 17 for comment (Exhibit C), and the applicant replied on 30 Oct 17.  In her response, the applicant contends that she is currently making advanced funeral arrangements, to include a military funeral and burial in the family plot with her parents.  The funeral director advised her that the DD Form 214 is used as proof of eligibility when arranging a military funeral.  Therefore, it is imperative that her name is accurately reflected on the form.  In support of her request, the applicant provides state and government issued identification which reflects her legally changed name.  The applicant’s complete response is at Exhibit D.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

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

3. After thoroughly reviewing all Exhibits, the Board concludes that the applicant is the victim of an injustice.  The Board finds the applicant has established that presenting her DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history.  Therefore, the Board recommends correcting the applicant’s record as indicated below.

THE BOARD RECOMMENDS THAT:

The APPLICANT’s DD Form 214, Report of Separation from the Armed Forces of the United States, issued in conjunction with the 20 May 55 discharge, be declared void; a new DD Form 214 be issued to reflect the current legal name in Block 1; and no entries be made on the reissued DD Form 214 indicating the name was changed or the DD Form 214 was administratively reissued.

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-2013-00368 in Executive Session on 15 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

All members of the panel voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR w/atchs, dated 02 Oct 17.
Exhibit D:	Applicant’s response, dated 30 Oct 17.

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