RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03835 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, and pay records be changed to reflect her new name and new gender. APPLICANT CONTENDS THAT: Although she served in the military as a male, she legally changed her name in Jan 09. Her DD Form 214 and pay records need to reflect her new name and new gender in order for her to qualify for a Veterans Administration home loan. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 16 Aug 76. On 30 Nov 95, the applicant was furnished a retirement certificate reflecting a first name of “Alan,” and was credited with 20 years, 2 months, and 3 days of active service. According to the documentation submitted by the applicant, on 6 Jan 09, she changed her first to “Janet.” The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. AFI 36-2608, Military Personnel Records System, states “do not correct records of former member unless evidence proves the name used while serving with the Air Force was erroneously recorded.” The member’s name change occurred after the period covered by her DD Form 214. The applicant’s complete service could not be verified from the documents in her record. A complete copy of the ARPC/DPTS evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She takes exception to the AFPC/DPTS recommendation to deny, and submits copies of her retiree identification (ID) card and her driver’s license from the State of Washington to verify her name has changed, her current DD Form 214, and explains her Washington State Birth Certificate also changed to reflect her new name and new gender (Exhibit E). ADDITIONAL 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 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 is 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/MRM memorandum is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the SAF/MR policy letter was forwarded to the applicant on 26 Apr 15 for review and comment within 30 days (Exhibit G). 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant’s situation warrants relief. While we note the comments of ARPC/DPTS indicating that relief should be denied because the applicant served a full military career under the name of “----” and only changed her name after her period of service was complete, we believe the guidance in the SAF/MR memorandum, dated 9 Mar 15, concerning name changes applies in this situation. Specifically, requiring the applicant to present a DD Form 214 reflecting the name “-----” would require her to explain her personal history, which would be needlessly intrusive. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be removed, and a new DD Form 214 be issued reflecting the name “-----------” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-03835 in Executive Session on 11 Jun 15 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03835 was considered: Exhibit A.  DD Form 149, dated 30 Jul 14, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, ARPC/DPTS, dated 12 Nov 14, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 23 Feb 15. Exhibit E.  Letter, Applicant, undated, w/atchs. Exhibit F.  Letter, SAF/MR Policy Memo, dated 9 Mar 15. Exhibit G.  Letter, SAF/MRBC, dated 28 Apr 15.