RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01828

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

1.  The record be corrected to reflect a change in gender from female to male.

2.  The record be corrected to reflect a name change.

APPLICANT CONTENDS THAT:

All other government records have been changed with the exception of the military records and believes the military records should reflect the current status.  

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

STATEMENT OF FACTS:

On 29 Jul 81, the applicant was commissioned in the Regular Air Force.  

On 1 Aug 01, the applicant retired from active duty and was credited with 20 years and 2 days of active service for retirement.

On 11 Sep 12, a County Superior Court of the State of Arizona ordered the applicant’s name and birth record be changed.

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:

On 11 Jun 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, was forwarded to the applicant 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.  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.  If there are extreme circumstances that support corrections to other Air Force records, it was recommended that the panel clearly determine what specific records that must be corrected to eliminate the determined error or injustice.  (For example, a blanket correction to “any and all” records without a specific understanding of the records being corrected could be interpreted as an arbitrary action, and therefore should not be done.)  The AFBCMR should require proof 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. 

A complete copy of the SAF/MR memorandum is at Exhibit C.

AFPC/DP2SSM recommends denial, indicating the applicant did not provide sufficient evidence for this office to make a fully informed decision.

DP2SSM notes In Accordance With (IAW) Air Force Instruction 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 with the Air Force was erroneously recorded.”   The applicant was commissioned, served, and was retired under the former name and gender as “female.”  The applicant did not provide sufficient evidence with the BCMR packet submitted that supports this office being able to make a fully informed decision.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Feb 16 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s gender.  We note the SAF/MR memorandum dated 9 Mar 15, states that corrections to the DD Form 214 should be for the limited purposes of mitigating an injustice caused by use of the DD Form 214.  Given that the DD Form 214 makes no reference to the applicant’s gender, we find no evidence of an error or injustice in this case.  Therefore, we conclude the applicant has failed to sustain the burden of proof of being a victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s name on the DD Form 214.  Although the applicant’s DD Form 214 was technically correct at the time it was issued, it is our opinion that should the applicant be required to present the DD Form 214 with the applicant’s former name to external audiences; the applicant’s circumstances would require disclosure of personal history that is needlessly intrusive.  Therefore, we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice.  Further, we find the applicant’s certified court order sufficient proof the applicant’s name was legally changed.  Accordingly, we recommend the applicant’s record be corrected to the extent indicated below.  

5.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 31 July 2001 separation, be declared void and a new DD Form 214 be issued to reflect the applicant’s new name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-01828 in Executive Session on 12 April 2016 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-2015-01828 was considered:

	Exhibit A.  DD Form 149, dated 26 Apr 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 11 Jun 15, w/atch.
	Exhibit D.  Letter, AFPC/DP2SSM, dated 7 Jan 16.
	Exhibit E.  Letter, AFBCMR, dated 24 Feb 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.