RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02158

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  A new DD Form 214, Certificate of Release or Discharge from Active Duty, be processed to reflect her name change.

2.  Her military personnel records be updated to reflect her name change.  (Administratively resolved)

APPLICANT CONTENDS THAT:

On 28 Apr 15, she petitioned to and was granted by the Cleveland County Court a change of her last name.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Jun 92.  

On 30 Jun 12, the applicant was furnished an honorable discharge, retired effective 1 Jul 12, and was credited with 20 years, and 22 days of active service.   

On 3 Aug 15, AFPC/DPSIRP advised the applicant they had updated the Personnel Data System, to reflect her new last name (Exhibit D).

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

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice warranting granting the relief sought in respect to issuing new DD Form 214 to reflect her name change.  The effective date of the name change was 28 Apr 2015, as recorded by the District Court of Cleveland County, Oklahoma.  AFI 36-3202, Separation Documents, the governing directive for the DD Form 214 directs the name on a DD Form 214 be listed as recorded in the military record.  For instances of a name change after the close out date of a DD Form 214, and where no evidence of an injustice that ‘shocks the conscience’ (as defined by JA), the acceptable practice is for applicants to provide those agencies providing the benefit/entitlement or service, their DD Form 214 as prepared, and show legal documentation to explain such a change (e.g., court document reflecting the change).  The applicant has not indicated or provided evidence of an injustice nor provided evidence the DD Form 214 was published in error. The DD Form 214 is not a living document subject to every time a name or address might change after the date the document is published.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Nov 15, for review and comment within 30 days (Exhibit 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 opinion and recommendation of AFPC/DPSOR and adopt its 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.  While the Board notes AFPC/DPSIRP updated the Personnel Data System, to reflect the applicant’s new last name, the majority of the Board felt 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 at the time of her retirement was 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-2015-02158 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-2015-02158 was considered:

	Exhibit A.  DD Form 149, dated 21 May 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, 28 May 15, w/atch.
	Exhibit D.  Letter, AFPC/DPSIRP, dated 3 Aug 15, 
			  w/atch.
	Exhibit E.  Memorandum, AFPC/DPSOR, dated 4 Nov 15.
	Exhibit F.  Letter, SAF/MRBR, dated 13 Nov 15.
	Exhibit G.  Minority Report, dated 15 Mar 16.