RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-02154
		
XXXXXXXXXXXX					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:

Her former, traditionally male name, will disclose her status as a transgender woman.  This represents a serious injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 with her former name reveals her transgender status every time she must present the form, effectively rendering an on-going pattern of injustice.  This injustice can be easily and effectively remedied by issuing corrected DD Forms 214 listing her current legal name.

In support of her request, the applicant provides copies of a court order, United States Uniformed Services identification (ID) card, United States Passport, driver’s license and social security card, 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:

On 3 October 1986, the applicant entered the Regular Air Force.

The applicant was issued DD Forms 214, Certificate of Release or Discharge from Active Duty, for the following periods:  3 October 1986 to 15 January 1987 and 16 January 1987 to 31 March 2012.

On 1 April 2012, the applicant retired and was credited with 25 years, 5 months, and 18 days of active service.

A County Circuit Court order dated 28 August 2014, directed the applicant’s name be changed.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit 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.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 November 2015, a copy of the SAF/MR Memorandum was forwarded to the applicant 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/DPSOR recommends denial indicating there is no evidence of an error or injustice.  According to DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), or AFI 36-3202, Separation Documents, the DD Form 214 is used to provide an accurate and complete summation of active military service at the time of a member’s discharge.  The applicant’s name change occurred after the effective date of the DD Form 214.  Therefore, her name was accurately recorded at the time of her discharge.  Furthermore, the applicant did not provide evidence that an injustice has occurred and bases her request on potential future injustices.  DoDI 1336.01 does not provide the authority to make changes to the DD Form 214 based on a potential undocumented injustice.

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

She appeals to the Board’s sense of equity and justice and asks the Board to disregard AFPC/DPSOR’s recommendation and follow the SAF/MR guidance.  The SAF/MR memorandum states that the DD Form 214 is unique in that it is designed for a post-service audience and is used throughout an applicant's lifetime to provide proof of service.  The guidance regarding transgender veterans concluded that a name change on the DD Form 214, was a reasonable outcome and to remain uncorrected would constitute an injustice.

In further support of her request, the applicant provides copies of an executive summary from the National Center for Transgender Equality titled:  Report of the National Transgender Discrimination Survey.

The applicant’s complete response, with attachment, is at Exhibit G.

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 error or injustice to warrant changing the applicant’s name on her DD Forms 214.  Although the applicant’s DD Forms 214 were technically correct at the time they were issued, it is our opinion that should the applicant be required to present her DD Forms 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 Forms 214 to remain uncorrected would constitute an injustice.  Further, we find the applicant’s certified court order, United States Uniformed Services ID card, and other forms of government and state issued IDs, which reflect her name change 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 Forms 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the following periods of service be declared void and new DD Forms 214 be issued reflecting the applicant's name in Block 1:

3 October 1986 to 15 January 1987
16 January 1987 to 31 March 2012

The following members of the Board considered AFBCMR Docket Number BC-2015-02154 in Executive Session on 18 February 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 was considered:

Exhibit A.  DD Form 149, dated 17 May 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D.  Letter, SAF/MRBR, dated YY MMM DD.
Exhibit E.  Memorandum, AFPC/DPSOR, dated 2 December 2015.
Exhibit F.  Letter, AFBCMR, dated 2 December 2015.
Exhibit G.  Letter, Applicant, dated 26 December 2015, 
  w/atchs.