RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04706 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her records be corrected to reflect her current name and gender. APPLICANT CONTENDS THAT: Through counsel, the applicant contends that she has legally changed her name and her gender is female. The inconsistency on her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and other legal documentation works an injustice by outing her as transgender. This causes others to raise uncomfortable questions concerning transgender identity and subjects her to harassment and discrimination. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 30 March 1967 through 9 February 1970. 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.” All of the court ordered name changes occurred after the applicant’s period of service; therefore, it does not appear the Air Force erroneously recorded the applicant’s name. A review of the applicant’s records revealed the applicant enlisted, served and was discharged as a male. The name change order, dated 13 September 2005, was after the applicant’s period of service, it does not appear the Air Force erroneously recorded the applicant’s gender. Since the applicant has no continuing affiliation with the Air Force, the DD Form 214 is unable to be amended. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel responds to the advisory opinion and requests that the Board reject the recommendation; and instead grant the relief requested. The advisory opinion conflicts with precedent of the Board which has already granted the relief requested for an identically situated individuals. In 2004, the Board issued a decision that provided a transgender veteran the relief requested with regard to a name change to the DD Form 214. That veteran, who had obtained a court order for a name change, asked the Board to issue a new DD Form 214 reflecting the name change. Although the Board recognized its existing practice of rejecting changes to "the applicant's original DD Form 214," the Board concluded that the applicant's original DD Form 214 was "a hindrance to the applicant should she be required to provide documents to a servicing facility for her needs. The Board also concluded that it had the legal authority to issue an additional DD Form 214 reflecting the change in name, ordering that relief and directing that the applicant's original DD 214 be maintained in the applicant's military records. Her request falls squarely within the Board's prior reasoning, and the same result should follow. The applicant’s complete response, with attachments, is at Exhibit E. ADDITIONAL AIR FORCE EVALUATION: SAF/MR makes no recommendation, but notes 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. 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 F. APPLICANT'S REVIEW OF AIR FORCE ADDITIONAL EVALUATION: Counsel states that the MR Memorandum supports relief of the applicant’s requests and states the applicant has complied with the requirements stated within. The applicant’s complete response, with attachments, 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 error or injustice regarding the applicant’s request to change her name. We note that AFPC/DPSIRP recommends denial stating the applicant’s court ordered name change occurred after her period of service. While there is no evidence indicating her name was incorrectly recorded, it is our opinion that should the applicant be required to present her DD Form 214 with her former name to external audiences, the circumstances would require her 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 court order that reflects her current name, which aligns with the memorandum prepared by SAF/MR which requires such, to mitigate any further injustice the current DD Form 214 may cause. Therefore, we find the evidence presented is sufficient to recommend his 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. 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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the applicant’s original DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be declared void, and a new DD Form 214 be issued to reflect the applicant’s present name in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-04706 in Executive Session on 24 June 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, AFPC/DPSIRP, dated 18 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15. Exhibit E. Letter, Counsel’s Response, dated 16 Mar 15, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 1 Apr 15, w/atch. Exhibit G. Letter, Counsel’s Response, dated 28 Apr 15. 1 2