RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02112 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to change her first name from “-------” to “---------.” APPLICANT CONTENDS THAT: She is transgendered. Based upon her gender reassignment from male to female and the fact her name has been legally changed to “--------” it is an injustice for her DD Form 214 to reflect her old name because it reveals her transgendered status. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 12 Jun 89. On 31 Aug 09, the applicant retired after serving 20 years, 2 months, and 19 days of active service, and was issued a DD Form 214 which reflected a first name of “-------.” According to the documentation submitted by the applicant, on 5 Oct 12, a District Court in Dallas County Texas ordered her first name to be changed from “-------” to “---------.” On 3 Jun 15, AFPC/DPSIRP furnished the applicant an AF IMT 281, Notification of Change in Service Member’s Official Records, which indicated her first name had been changed from “-------” to “--------.” The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. AIR FORCE EVALUATIONS: 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 in 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 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 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/MRM memorandum is at Exhibit C. AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The DD Form 214 is used to record past military service. DoDI 1336.01, Certificate Of Release Or Discharge From Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation Documents, the governing directives for the DD Form 214, state the DD214 will “provide an accurate and complete summation of active military personnel service.” At the time of discharge, the applicant’s name was accurately recorded. The governing directives do not provide authority to change the contents of the DD Form 214 based upon changes which occur after the close out date on the document. The applicant did not provide evidence an injustice has occurred. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: In further support of her request, the applicant submitted a personal statement in which she rebuts AFPC/DPSOR’s advisory recommendation. She cites and submits copies of prior AFBCMR, Navy BCMR, and Army BCMR decisions in which similarly situated applicants’ requests were granted by their respective Boards. The DPSOR advisory would create an injustice if accepted because it would require the applicant to suffer an injustice the Board had the opportunity to prevent. Finally, she cites the SAF/MR Policy Memorandum, dated 9 Mar 15, concerning this issue, and points out the guidance calls for approval in her situation (Exhibit F). THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was timely filed. 3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant’s situation warrants relief. While we note the comments of AFPC/DPSOR indicating that relief should be denied because the applicant served a full military career under the name of “-------” and only changed her name after her period of service was complete, we believe the guidance in the SAF/MR memorandum, dated 9 Mar 15, concerning name changes applies in this situation. Specifically, requiring the applicant to present a DD Form 214 reflecting the name “---------” would require her to explain her personal history, which would be needlessly intrusive. Therefore, we recommend the applicant’s records 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 applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, and issue a new DD Form 214 reflecting the name “------------” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-02112 in Executive Session on 24 Feb 16 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. Exhibit A.  DD Form 149, dated 18 May 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, 22 May 15, w/atch. Exhibit D.  Memorandum, AFPC/DPSOR, undated. Exhibit E.  Letter, SAF/MRBR, dated 2 Dec 15. Exhibit F.  Letter, Applicant, dated 12 Dec 15. 1