RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04376 COUNSEL:
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
The name on the DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect a name change.

APPLICANT CONTENDS THAT:
He changed his name back to his birth name.
The	applicant’s	complete	submission,	with	attachments,	is	at Exhibit A.

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 11 Oct 01.

On 2 Oct 03, the applicant was furnished an honorable discharge, and was credited with 1 year, 11 months, and 22 days of active service.

A Dallas County District Court order, dated 20 Mar 13, directed the applicant’s name be changed.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force Offices of Primary Responsibility (OPRs), which are included at Exhibits C - E.

AIR FORCE EVALUATION:
SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 Mar 15, states that 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. The AFBCMR should require proof that the applicant's name was legally changed. A signed and authenticated court order should be required. 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 memorandum is at Exhibit C.
AFPC/DP2SSM recommends denial of the applicant’s request, indicating there is no evidence of an error or injustice. The DD Form 214, reflected in the applicant’s military personnel file reflects the name at time of discharge. After further review of the applicant’s official military personnel file, DP2SSM determined the applicant served and was discharged as the name listed on the DD Form 214.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.
AFPC/JA makes no recommendation indicating the applicant’s request should be disposed of consistent with governing guidance issued to the BCMR by SAF/MR.

The name used on the applicant’s DD Form 214 correctly reflects his name at the time of discharge – it is not erroneous. In accordance with AFI 36-3208, Military Personnel Records System name changes such as that requested by the applicant would not be permitted. The applicant has submitted no evidence and offered no argument that the appearance of his former name on his DD Form
214 constitutes an injustice. His name change is not clearly related to a transgender status or divorce; it is not readily comparable to the circumstances described in the 9 Mar 15, SAF/MR memorandum.

The applicant has provided adequate proof that the name was legally changed and the requested correction is limited to the DD 214 – “a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference.” The relief requested is relatively limited and is tailored to spare the applicant the need to explain the name discrepancy to whomever the DD Form 214 is presented. The injustice, however, is neither articulated nor obvious.

A complete copy of the AFPC/JA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the SAF/MR memorandum and the Air Force evaluations were forwarded to the applicant on 15 Nov 16, for review and comment within 30 days (Exhibit F). 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 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case. We are not persuaded the evidence presented by the applicant is compelling enough to warrant changing the DD Form 214, which correctly reflects the applicant’s name at the time of release from active duty. We further note that prior Boards have granted relief based on the SAF/MR guidance and that AFPC/JA recommends approval of the applicant’s request for a name change only on the DD Form 214. Notwithstanding, this Board understands the memorandum from SAF/MR is advisory and is not policy as is established by Air Force Instruction 36-2608, Military Personnel Records System, which states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” The Board notes the court order changing the applicant’s name is dated after the applicant’s period of service. Therefore, we agree with AFPC/DP2SSM and adopt their rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2013-04376 in Executive Session on 13 Jun 17, under the provisions of AFI 36-2603:

Panel Chair Member
Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 10 Feb 16, w/atch.
Exhibit B.	Pertinent Excerpts from Master Personnel Records. Exhibit C.	Memorandum, SAF/MRBR, dated 14 Jun 16, w/atch.
Exhibit D.	Memorandum, AFPC/DP2SSM, dated 21 Jun 16. Exhibit E.	Memorandum, AFPC/JA, dated 3 Aug 16.
Exhibit F.	Letter, SAF/MRBR, 15 Nov 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.