RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-00671 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 the following:

1.	Name Change.
2.	Korean	Defense	Service	Medal	(KDSM)	(Administratively Resolved).

APPLICANT CONTENDS THAT:
She is a transsexual woman and changed her name to align with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transsexual status.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 5 Aug 69, the applicant entered the Regular Air Force.
According to her DD Form 4, Enlistment Record – Armed Forces of the United States, dated 5 Aug 79, and her DD Form 214, issued in conjunction with her 4 Aug 79 discharge, the applicant enlisted, served and was discharged as a male.

On 5 Aug 09, according to documentation provided by the applicant, the applicant’s name was legally changed, based on the order of change of name, by the state of New Mexico.

On 8 Oct 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 memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, and D.

AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial, indicating there is no evidence of an error or injustice. 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.” The court ordered name change occurred after the applicant’s period of service; therefore, it does not appear the Air Force erroneously recorded the applicant’s name. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, we are unable to amend the military record after the fact.

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.
AFPC/DPSID recommends approval of the KDSM. Based on a review of the applicant’s official military personnel record, they were able to determine that the KDSM should have been awarded during the applicant’s service from 5 Aug 69 to 4 Aug 79. No action required, the record has been corrected.

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 31 Aug 15 and 8 Oct 15, for review and comment within 30 days (Exhibit E and F). 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.
1.	

2.	The application was timely filed.

3.	Sufficient	relevant	evidence	has	been	presented	to	
demonstrate	the	existence	of	an	injustice	regarding	the	
applicant’s request to change her name. After a careful review of the applicant’s complete submission, we believe that relief is warranted. We took notice of the applicant's complete submission in judging the merits of the case. While the Board notes the comment 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. Although the normal procedure for correcting an error on a DD Form 214, is to issue a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, that would not be appropriate in this case. No entries should be made in Item 18, Remarks, of the reissued DD Form 214 displaying her previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to her previous gender. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's military records. We note the Air Force OPR has determined the applicant’s eligibility for the Korean Defense Service Medal (KDSM), and has corrected her records administratively. Therefore, in view of the above, we recommend that the records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with her 4 August 1979 discharge, be declared void and a new DD Form 214, Certificate of Release or Discharge from Active Duty, be issued to reflect the name “         “ in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-00671 in Executive Session on 15 Dec 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-2015-00671 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 8 Apr 15. Exhibit D.	Memorandum, AFPC/DPSID, dated 10 Aug 15. Exhibit E.	Letter, SAF/MRBR, dated 31 Aug 15.
Exhibit F.	Letter, SAF/MRBR, mailed 8 Oct 15.