RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00724 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect her name and gender change. APPLICANT CONTENDS THAT: Through a court order, on 4 Jun 12, her name has been legally changed. Her new name is reflected on her driver’s license and social security card. The appearance of her former name on her DD Form 214 is an injustice as it reveals her transgender status and subjects her to the social stigma and discrimination that transgender people face daily. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 12 Aug 71, the applicant initially entered the Regular Air Force and served on active duty and was honorably discharged on 20 Feb 75. According to a document submitted by the applicant, On 30 Aug 12, she was advised by AFPC/DPSIRP that the governing Air Force Instruction does not allow changes to former service members records unless there was evidence it was recorded erroneously. 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 E. AIR FORCE EVALUATION: SAF/MR provided a memorandum of guidance with regard to name changes. The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR's statutory authority under 10 U.S.C. §1552, where there is error or injustice. 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. 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 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214. A complete copy of the SAF/MR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the SAF/MR memorandum of guidance was forwarded to the applicant on 7 Apr 15 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. AFI 36-2608, Military Personnel Records Systems, indicates the name of a former member will not be changed in the military records unless there is evidence it was erroneously recorded and to not correct records for name changes occurring after discharge. DPSIRP further states the applicant’s service dates were from 12 August 1971 through 20 February 1975. The applicant enlisted, served, and was discharged under the former name. The Court Order changing the applicant’s name and gender, dated 4 June 2012, is after the applicant's period of service. After reviewing the applicant’s enlistment, service, and discharge records, there is no evidence his name was recorded erroneously. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit D. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 9 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 applicant was timely filed. . 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. THE BOARD RECOMMENDS THAT: The applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be removed, and a new DD Form 214 be issued to reflect the name of “ ” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-00724 in Executive Session on 7 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-2015-00724 was considered: Exhibit A. DD Form 149, dated 11 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, SAF/MR, dated 9 Mar 15. Exhibit D. Letter, SAF/MRBR, dated 7 Apr 15. Exhibit E. Memorandum, AFPC/DPSIRP, dated 11 May 15. Exhibit F. Letter, SAF/MRBR, dated 9 Jun 15.