RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04331 COUNSEL: NONE AKA: HEARING DESIRED: NO APPLICANT REQUESTS THAT: The DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect “XXXX” instead of “XXXX” and “Female” instead of “Male”. APPLICANT CONTENDS THAT: The legal name is now XXXX, and the gender is now female, which both appear on the birth certificate. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 August 1980, the applicant was relieved from active duty and retired, effective 1 September 1980, and was credited with 20 years and 9 days of total active service. On 13 April 2001, a Decree Granting Change of Name of Adult was issued in the District Court of Scotts Bluff County, Nebraska, which reflects the applicant’s name change and it further ordered and decreed that the Nebraska Department of Motor Vehicles (DMV) issue a new Driver’s License substituting the name change and substituting the applicant’s gender. On 17 July 2003, the applicant was issued an AF Form 281, Notification of Change in Service Member’s Official Records. On 17 September 2014, a Province of Alberta, Canada issued a birth certificate reflecting the name and gender change. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. Air Force Instruction 36-2608, Military Personnel Records System, indicates the records of former members are not to be corrected unless evidence proves the name used while serving with the Air Force was erroneously recorded. The birth certificate provided by the applicant is dated 17 September 2014 which is after the applicant’s period of service. Therefore, it does not appear that the Air Force erroneously recorded the applicant’s name. There is no statutory guidance that provides direction for correcting military records to reflect a change in gender. However, using the same rationale applied to the name change, a review of the applicant’s records revealed an enlistment, service and discharge under the correct gender. Therefore, it does not appear the Air Force erroneously recorded the applicant’s gender. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. On 1 April 2015, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 March 2015, that was provided in order to comply with 10 U.S.C. § 1556. Specifically, the memorandum notes that the DD Form 214 is 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. However, any such name change should be limited only to the DD Form 214; any change to an applicant’s other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases. The AFBCMR should require proof that the applicant’s name was legally changed. A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214. A complete copy of the SAF/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 February 2015 for review and comment within 30 days (Exhibit D). 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 error or injustice regarding the applicant’s request for a name change. We note that AFPC/DPSIRP recommends denial stating the applicant’s birth certificate is dated 17 September 2014 which is after the applicant’s period of service. While there is no evidence indicating the applicant’s name was incorrectly recorded, it is our opinion that should the applicant be required to present the DD Form 214 with the former name to external audiences, the circumstances would require the applicant to disclose personal history that is needlessly intrusive. As such, we believe allowing the DD Form 214 to remain uncorrected would constitute an injustice. Further, the applicant has provided a copy of an authenticated birth certificate that reflects the current name. Therefore, we find the evidence presented is sufficient to recommend the records be corrected to the extent indicated below. However, because the current version of the DD Form 214 makes no reference to gender, we recommend denial of that portion of the applicant’s request. 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 to reflect the name of “XXXX” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-04331 in Executive Session on 24 June 2015 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-2014-04331 was considered: Exhibit A.  DD Form 149, dated 18 October 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 29 December 2014. Exhibit D.  Letter, SAF/MRBR, dated 17 February 2015. Exhibit E.  Letter, SAF/MRBR, dated 1 April 2015, w/atch.