RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00406 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His first name be changed from “-----” to “-------” on all his official military personnel records and his DD Form 214, Certificate of Release or Discharge from Active Duty. APPLICANT CONTENDS THAT: His name was legally changed by court-order on 3 May 11. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 24 Aug 65. On 10 Aug 70, the applicant was furnished an honorable discharge, and was credited with 4 years, 11 months, and 17 days of active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATIONS: AFPC/DPSIRP 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 members unless evidence proves the name used serving with the Air Force was erroneously recorded.” The applicant enlisted, served, and was discharged under his original name. On 3 May 11, the applicant officially changed his name. The Court Order for his name change is dated after his period of service. Therefore, the Air Force did not erroneously record his name. Since the applicant has no continuing affiliation with Air Force as a Reserve member or retiree, recommend the applicant’s request be denied. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. 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/MRBR memorandum, with attachment, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluation and the SAF/MR memorandum concerning name changes were forwarded to the applicant on 11 Jun 15 for review and comment within 30 days (Exhibit E). 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.  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 adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board acknowledges the applicant legally changed his name, the applicant did not provide clear justification to establish that having the name he served under during his period of service remain on his DD Form 214, which was accurate and correct at the time of his separation, constitutes an injustice, as is required by the cited SAF/MR memorandum. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting 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-2015-00406 in Executive Session on 8 Sep 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 27 Jan 15, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 24 Feb 15. Exhibit D.  Letter, SAF/MRBR, dated 7 May 15, w/atch. Exhibit E.  Letter, SAF/MRBR, dated 11 Jun 15.