RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-01940
		
  							COUNSEL:  NONE
  
							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The name on her DD Forms 214, Certificate of Release or Discharge from Active Duty, be changed to coincide with her legally changed name.

APPLICANT CONTENDS THAT:

She had her name legally changed from a traditional male name to a traditional female name in 2007.  She notes that disclosure of her former name, in effect, discloses her transgender status.  This is an injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 and 215 reveal her transgender status as it reflect her previous name.

In support of her request, the applicant provides copies of a court order, United States Passport, driver’s license and social security card, Department of Defense Uniformed Services and U.S. Department of Veterans Affairs (DVA) identification cards, which reflect her legally changed name, and various other documents related to her appeal.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 October 1982.  

On 26 Mar 1992, the applicant was furnished an honorable discharge, and was credited with 9 years, 5 months, and 20 days of active service.

A County Circuit Court order dated 16 July 2007, directed the applicant’s name 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, E and F.

AIR FORCE EVALUATION:

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/MR 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 21 May 2015 for review and comment within 30 days (Exhibit D).  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 7 October 1982 through 26 March 1992.  The applicant’s transgender status was legally recognized on 18 June 2007, which was after the period of her service. 

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit E.

AFPC/DPSOR recommends denial.  The applicant is transgender and contends the DD Form 214 published at the time of departure from military service may pose an injustice.  The applicant indicates other forms of identification have been changed to reflect the gender of female and requests the DD Form 214, as currently published, “is an injustice due to the social stigma and discrimination that transgender people face.”   The applicant departed active military service on 26 Mar 1992.  At the time of departure from active service, the applicant was a male with a male name.  The applicant changed her name on 16 Jul 2007.  The name change is after the effective close out date of the DD Form 214.  The applicant contends the male name on the DD Form 214, may pose undue hardship, emotional burden and potential for discrimination.  The applicant did not provide evidence that an injustice has occurred and based the request on what could occur.  

By way of background, governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) state the DD Form 214 will “provide an accurate and complete summation of active military personnel service.”  On 26 Mar 1992, the applicant’s name was accurately recorded.  Additionally, the governing DoDI does not provide authority to change the contents of the DD Form 214, used to record past military service, for data changes after it’s close out date, when the document is certified/uncontested accurate at the time of publication, or based on a potential undocumented injustice.  In comparison, DD Form 214 for name changes relating to divorce/separation/ others recorded through a legal process after the effective date of the DD Form 214 are not corrected as the respective court document adequately records the change for benefits, entitlements and employment rights. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations was forwarded to the applicant on 29 October 2015, for review and comment within 30 days (Exhibit G).  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 or injustice to warrant changing the applicant’s name on her DD Forms 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 her 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.  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, social security card and other forms of government and state issued IDs, which reflect her name change provide sufficient proof that her name was legally changed.  Accordingly, 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 show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the following period of service be declared void and a new DD Form 214 be issued reflecting the applicant's name in Block 1:

7 October 1982 to 26 March 1992

The following members of the Board considered AFBCMR Docket Number BC-2015-01940 in Executive Session on 7 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-2015-01940 was considered:

	Exhibit A.  DD Form 149, dated 6 May 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 21 May 15.
	Exhibit E.  Memorandum, AFPC/DPSIR, dated 15 Jul 15.
	Exhibit F.  Memorandum, AFPC/DPSOR, dated 22 Sep 15.
	Exhibit G.  Letter, SAF/MRBR, dated 29 Oct 15.