RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02141
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her records be corrected to reflect her current name and current address.

APPLICANT CONTENDS THAT:

Due to a divorce, her last name has been changed; therefore, her military records should be changed to reflect this change.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Nov 08.  

On 17 Nov 13, the applicant was furnished an honorable discharge, and was credited with five years of active service.

On 16 May 14, according to documents provided by the applicant, her divorce decree was notarized, acknowledging execution of the marital dissolution agreement, to include restoring her maiden name, the name she is requesting her DD Form 214 be changed to reflect.  

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 D and E.

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.

AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice warranting granting the relief sought in respect to a name change.  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."  A review of the applicant's records revealed her service dates were from 18 Nov 08 through 17 Nov 13.  Further review revealed an Air Force Form 281 (AF281), Notification of Change In Service Member’s Official Records, dated 7 May 09, that officially changed her maiden last name to her married last name.  There were no subsequent AF281s found in the applicant’s records.  Since the applicant served and was discharged under her married last name, it does not appear that the Air Force erroneously recorded the applicant’s name.  The divorce decree, dated 16 May 14, is after her period of service

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

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice warranting granting the relief sought in respect to changing her address.  In accordance with AFI 36-3202, Separation Documents, and USAF policy, the sole purpose of the address listed in block 28 is for the initial physical delivery of the DD Form 214, Certificate of Release or Discharge from Active Duty.  With the applicant in receipt of their DD Form 214, the information is of no future use, data is administrative, and has no impact on veteran benefits or entitlements.  A review of the applicant’s records indicates the DD Form 214 was accurately prepared.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 28 May 15 and 31 Jul 15, for review and comment within 30 days (Exhibits C 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.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, the Board majority agrees with the opinions and recommendations of AFPC/DPSIRP and AFPC/DPSOR, and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In accordance with AFI 36-3202, Separation Documents, the DD Form 214 provides separating members with brief, clear records of their active military service at the time they are transferred, released, discharged, or retired.  The sole purpose of the address listed in block 28 is for the initial physical delivery of the DD Form 214.  The applicant’s circumstance appears to be somewhat common, and while potentially inconvenient, she did not provide compelling evidence as to why she believes it would be in the interest of justice to recommend correcting the DD Form 214 when her name and address at the time of her discharge were not erroneously recorded.  Therefore, in the absence of evidence to the contrary, the majority finds no basis to recommend granting the requested relief.  

THE BOARD RECOMMENDS THAT:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

The following members of the Board considered AFBCMR Docket Number BC-2015-02141 in Executive Session on 27 Jan 16 under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the application.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02141 was considered:

	Exhibit A.  DD Form 149, dated 18 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 28 May 15, w/atch.
	Exhibit D.  Memorandum, AFPC/DPSIRP, dated 3 Jun 15.
	Exhibit E.  Memorandum, AFPC/DPSOR, dated 9 Jul 15.
	Exhibit F.  Letter, SAF/MRBR, dated 31 Jul 15.
	Exhibit G.  Minority Report, dated 8 Apr 16.