RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04777 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His official records be corrected to change his last name. APPLICANT CONTENDS THAT: His name was legally changed per a court order. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 5 Apr 05. On 10 Dec 08, the applicant was furnished a General (Under Honorable Conditions) discharge, with a Narrative Reason for Separation of “Misconduct (Minor Infractions),” and was credited with three years, eight months, and six days of active service. According to the documentation submitted by the applicant, on 19 Jul 13, a County Court in Florida ordered his name to be changed. 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: AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. Air Force Instruction 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.” The applicant enlisted, served, and was discharged. On 19 Jul 13, the applicant legally changed his name. Since the Court Order changing his name came after the applicant’s period of service was complete, there is no error in the applicant’s records. Since the applicant no longer has any affiliation with the Air Force as a Reserve member or a retiree, his records should not be amended after the fact. 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 25 Feb 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE GUIDANCE: 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 in 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 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 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 THE ADDITIONAL AIR FORCE GUIDANCE: A copy of the SAF/MR guidance memorandum concerning name changes was forwarded to the applicant on 25 Jun 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 timely filed. 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; however, we agree with the opinion and recommendation of AFPC/DPSIRP and, applying the guidelines outlined in the SAF/MR guidance memorandum, adopt AFPC/DPSIRP’s rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-04777 in Executive Session on 11 Aug 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 15 Nov 14, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 16 Dec 14. Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15. Exhibit E.  Memorandum, SAF/MR, dated 9 Mar 15. Exhibit F.  Letter, SAF/MRBC, dated 25 Jun 15. 2