RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-02455
		
							COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect a name change.

APPLICANT CONTENDS THAT:

At the time of retirement he was considered to be a heterosexual male.  However, overtime he was evaluated by the Department of Veterans Affairs (DVA) and was diagnosed with Gender Identity Dysphoria.  

His name was legally changed on January 2010, and his transition was completed on 20 November 2011.

All of the records except the DD Form 214 were changed to reflect the name change.

The DD Form 214 should reflect the legal name change to prevent the prejudice that may arise when seeking employment or benefits with an unchanged DD Form 214.

Changing the DD Form 214 would help to protect his child.

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

STATEMENT OF FACTS:

According to documents extracted from the military personnel record, the applicant was commissioned in the Regular Air Force on 5 November 1979.  Subsequent to periods of service in the United States Marine Corps (USMC), USMC Reserve, as an enlisted member in the Regular Air Force and as a commissioned officer in the Air Force Reserve the applicant retired on 1 December 1995, in the grade of major, O-4, and was credited with 22 years, 3 months, and 13 days of active service.

On 20 January 2010, according to documentation submitted by the applicant, his name was changed based on the State of New Mexico, Final Order Changing Name (Adult).

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 at Exhibit D.

AIR FORCE EVALUATION:

SAF/MR provided a memorandum of guidance with regard to name changes.  The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR's statutory authority under 10 U.S.C. §1552, where there is error or injustice.  Specifically, the memorandum notes that the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference.  

Any such name change should be limited only to the DD Form 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases.  The AFBCMR should require proof that the applicant's name was legally changed.  A signed and authenticated court order should be required. Further, the correction should be to the DD 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214.  

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.  DPSIRP states Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, Note 5 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 the applicant enlisted, served and was discharged under the name currently reflected in the military record.  The Court Order changing the applicant’s name from the name in the record to the current legal name is dated 20 January 2010.  This Court Order is dated after the applicant’s period of service.  As the documentation of the applicant’s name change is dated after the period of service, it does not appear the Air Force erroneously recorded the applicant’s name.  Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, DPSIRP is unable to amend this military record after the fact.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 December 2015, for review and comment within 30 days (Exhibit E).  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 regarding the applicant’s request for the DD Form 214, Certificate of Release or Discharge from Active Duty, to be amended to reflect a name change.  We note that AFPC/DPSIRP recommends denial stating the applicant’s court ordered name change occurred after the period of service.  While there is no evidence indicating the name was incorrectly recorded, it is our opinion that should the applicant be required to present a DD Form 214 with the former name to external audiences, the circumstances would require a disclosure of personal history that is needlessly intrusive.  As such, we believe allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Further, the applicant has provided a copy of an authenticated court order that reflects the applicant’s current name, which aligns with the memorandum prepared by SAF/MR which requires such, to mitigate any further injustice the current DD Form 214 may cause.  Therefore, we find the evidence presented is sufficient to recommend the record be corrected to the extent indicated below.  

THE BOARD RECOMMENDS THAT:

The applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be removed, and a new DD Form 214 be issued to reflect the current name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-02455 in Executive Session on 24 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 pertaining to AFBCMR Docket Number BC-2015-02455 was considered:

	Exhibit A.  DD Form 149, dated 8 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.  Memorandum, AFPC/DP2SSM, dated 18 Nov 15.
Exhibit E.  Letter, SAF/MRBR, dated 2 Dec 15.
	Exhibit F.  Letter, SAF/MRBC, dated 31 Dec 15.