RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00634 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect her legally changed name. APPLICANT CONTENDS THAT: She legally changed her name from “XXXX XXX XXXXX” to “XXXX XXXXX XXXXX” in 2014, as evidence in the attached name change court order to align with her gender identity. The appearance of her old name on her DD Form 214 is an injustice as it reveals her transgender status every time she has to show it. The social stigma and discrimination that she faces can be remedied effectively by issuing a corrected DD Form 214. In support of her request, the applicant has provided copies of the Circuit Court Name Change, her original and amended Birth Certificate, Passport, Commercial Driver’s License, Social Security Card, Affidavits and letters from Medical Professionals. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 4 Jan 67. On 7 Apr 67, the applicant was furnished an Honorable discharge, and was credited with two years, four months, and five days of active service. On 7 Apr 15, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 Mar 15, 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. 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, indicating there is no evidence of an error or injustice. In accordance with AFI 36-2608, Military Personnel Records System, Table A7.3., Note 5, states: “Do not correct records of former members unless evidence proves the name used while serving in the Air Force was erroneously records.” After a thorough review of the applicant’s official a military personnel records show the applicant enlisted, served and was discharged under her previous name. While she legally changed her name some forty years after her period of service, it does not appear that the Air Force erroneously recorded the applicant’s name. Since she has no continuing affiliation with the Air Force as a Reserve member or retiree, they are unable to amend her military records 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 8 Sep 15 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. We took notice of the applicant's complete submission in judging the merits of the case. While the Board notes the comments from AFPC/DPSIRP that the applicant enlisted, served, and was separated under her former name, we believe the information provided in the applicant’s request establishes an injustice. It is the Board’s opinion, should the applicant be required to present a DD Form 214 with her former name to external audiences, the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive thereby constituting an injustice. Further, we note the applicant has provided sufficient evidence of a formal name change by an authorized court order, a corrected driver’s license, and a corrected social security card. Therefore, we recommend the applicant’s record be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to remove the originally issued DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a new DD Form 214 issued to reflect the name “XXXXXX XXX XXXXXXX” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-00634 in Executive Session on 20 Oct 15 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-2015-00634 was considered: Exhibit A.  DD Form 149, dated 10 Feb 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 9 Apr 15. Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 15. Exhibit E.  Letter, BCMR Name Change Memo, dated 9 Mar 15.