RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03884 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, block 1, Name, be changed to reflect his current legal name and he be issued a new DD Form 214 reflecting the change. APPLICANT CONTENDS THAT: The inconsistency between his DD Form 214 and other legal identification documents (passport, driver’s license) works an injustice by “outing” _the member as transgender, causing others to raise uncomfortable questions concerning transgender identity and subjecting him to harassment and discrimination due to bias against transgender individuals. In support of his request, the applicant provides a five-page legal brief, copies of his DD Form 214 and court orders. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s DD Form 4, Enlistment or Reenlistment Agreement - Armed Forces of the United States, dated 2 Mar 77, and his DD Form 214, issued in conjunction with his 1 Mar 81, discharge, reflects that he enlisted, served and was discharged as a female. The applicant provided a signed and authenticated court order dated 24 May 10. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. AFI 36-2608, Military Personnel Records System, states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” A review of the applicant’s records revealed the applicant enlisted, served and was discharged as a female. Since the court order was dated 24 May 10, which was after the applicant’s period of service, it does not appear the Air Force erroneously recorded the applicant’s name. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Feb 15, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. 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/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Through counsel, the applicant states the SAF/MR guidance memorandum supports his request for relief and the Board should follow it. The memorandum concludes that correction of the DD Form 214 is a “reasonable outcome when the applicant demonstrates that allowing [it] to remain uncorrected would constitute an injustice, even if it were technically correct when issued,” and when the applicant submits proof, through a court order, of the legal name change. The applicant has satisfied each of these requirements. The applicant’s complete submission, with attachment, is at Exhibit G. 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. We note that AFPC/DPSIRP recommends denial stating the applicant’s court ordered name change occurred after his period of service. However, while the applicant has not presented evidence to indicate that his name was recorded incorrectly, it is our opinion that should the applicant be required to present his DD Form 214 with his former name to external audiences, the circumstances would require him to disclose personal history that is needlessly intrusive. As such, we believe allowing his DD Form 214 to remain uncorrected would constitute an injustice. Further, the applicant has provided a copy of an authenticated court order that reflects his current name. Therefore, we find the evidence presented is sufficient to recommend his records be corrected to the extent indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, be declared void and a new DD Form 214 be issued to reflect the applicant’s name in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-03884 in Executive Session on 7 Jul 15, under the provisions of AFI 36-2603: Panel Chair Member Member All members of the Board voted to correct the records as recommended. Due to the unavailability of XXXXXXXXXX, XXXXXXXXX will sign as Acting Panel Chair. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03884 was considered: Exhibit A. DD Form 149, dated 17 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 12 Jan 15. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 15, w/atch. Exhibit E. Letter, SAF/MRBR, dated 5 May 15, w/atch. Exhibit F. Letter, Applicant, dated 29 May 15.