RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-02833
	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
1.	The name on her DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect her legally changed name.

2.	Item 24 on the DD Form 214, effective 15 July 1966, be corrected to reflect 2 years, 11 months and 16 days of Foreign Service credit.

3.	In a letter dated 2 May 2016, the applicant amended her application and requested any records that would qualify for a name change be corrected.

APPLICANT CONTENDS THAT:
Through a court order, on 16 Ju1y 1991, her name was legally changed. The appearance of her former name on her DD Form 214 is an injustice as it reveals her transgender status and subjects her to the social stigma and discrimination transgender people face.

The DD Form 214 dated 12 May 1960, reflects 2 years, 11 months and
16 days of foreign service for service in Germany and Libya, However, the DD Form 214 dated 15 July 1966 does not reflect any foreign service. In order to qualify for benefits from the State of Georgia, she needs her overseas duty during the Berlin Crisis of 59-61 to be reflected on the DD Form 214 dated 15 July 1966.

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

STATEMENT OF FACTS:
On 10 May 1955, the applicant initially entered the Regular Air Force.

On 12 May 1960, she was honorably discharged and credited with five years and three days of active duty service, to include 2 years,
11 months and 16 days of foreign or sea service.

On 16 July 1962, the applicant reenlisted in the Regular Air Force.
On 15 July 1966, she was honorably discharged and credited with nine years and three days of active duty service, with no foreign or sea service.

The applicant was issued DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge, for the following periods: 10 May 1955 to 12 May 1960 and 16 July 1962 to 15 July 1966.

On 16 July 1991, according to a Superior Court of the State of California decree submitted by the applicant, her name was changed.

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 at Exhibits E, G, and H.

AIR FORCE EVALUATION:
SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, 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/DP2SSM recommends denial of the applicant’s request to change her name on her DD Form 214 indicating there is no evidence of an error or an injustice. DP2SSM 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 she enlisted, served and was discharged under the name currently reflected in her record. The Court Order changing the applicant’s name to her new name is dated 16 July 1991. This Court Order is dated after the applicant’s period of service. As the documentation of the applicant’s name change is dated after her 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, DP2SSM is unable to amend her military record after the fact.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the SAF/MR Memorandum and the Air Force evaluation were forwarded to the applicant on 14 July 2015 and 8 December 2015, for review and comment within 30 days (Exhibits D and F). As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicant’s request regarding foreign service credit in Libya. The applicant’s foreign service boots on ground in Germany from 24 May 1957 to 9 May 1960 was verified and is reflected on the DD Form 214 dated 12 May 1960. However, there was no evidence provided or located in the applicant’s master personnel record to verify foreign service in Libya.

A complete copy of the AFPC/DPAPP evaluation is at Exhibit G.
AFPC/JA recommends granting the applicant’s request for a name change, but recommends denial of foreign service credit in Libya.

The name used on the applicant’s DD Form 214 correctly reflects her name at the time of her discharge – it is not erroneous. According to the plain language of AFI 36-2608, a name change such as that requested by the applicant would not be permitted. The applicant states that having a DD Form 214 with her former name essentially reveals her transgender status, exposing her to the social stigma and discrimination, thus imposing an injustice. She has provided adequate proof that her name was legally changed and the requested correction is limited to the DD Form 214 – “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.” The relief requested is relatively limited and is tailored to spare the applicant the need to explain her personal history to whomever she presents the DD Form 214. In our view, the applicant has presented

information similar to that described in the 9 March 2015, SAF/MRB memorandum.

The current version of AFI 36-3202, Separation Documents, instructs personnelists to include all foreign service in block 12 (the block that now reflects foreign service). According to AFPC/DP3AM, when the applicant separated, DD Forms 214 were issued according to a different process. Each DD Form 214 reflected only that period of enlistment. Therefore a cumulative period of foreign service would not have been reflected in Block 24c for the applicant’s final DD Form 214.

The applicant’s DD Form 214 that covers the period of service between 10 May 1955, and 12 May 1960, accurately reflects her foreign service in Germany. The DD Form 214 covering the period between 16 July 1962, and 15 July 1966, does not include any foreign service credit because she did not serve in Germany during that time, nor did DP3AM find any documentary evidence that she served in Libya during that timeframe. Therefore, each of the applicant’s DD Forms 214 accurately reflects her foreign service.

Therefore, JA concurs with the SAF/MR memorandum and they recommend approval for the portion of the applicant’s request regarding changing the name on the DD Forms 214. However, they concur with AFPC/DPAPP and recommend denial for foreign service credit in Libya.

A complete copy of the AFPC/JA evaluation is at Exhibit H.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Her original request was to change her second DD Form 214, however, if only the second DD Form 214 was changed it would not reflect her foreign service. The Memorandum for AFBCMR dated 13 April 2016, noted that she had not requested a name change to any other official records. She was not aware the AF would consider such changes on any other records pertaining to her. Therefore, she requests a name change for the second DD Form 214. In fact, she requests a name change on any other records that would qualify for a name change.

The applicant’s complete response is at Exhibit J.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is
1.	

therefore untimely. However, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant requests her DD Form 214, dated 15 July 1966, be amended to reflect
2 years, 11 months and 16 days of foreign service credit for service in Germany and Libya. We note her DD Form 214 dated 9 May 1960 accurately reflects her foreign service credit for Germany. However, there was no evidence found or located to substantiate the applicant served in Libya. Therefore, we agree with the opinion and recommendation of AFPC/DPAPP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice with respect to her foreign service reflected on her DD Forms 214. Regarding the applicant’s requests for her DD Forms 214 and other qualified documents to be amended to reflect her legal name. We are not persuaded the evidence presented by the applicant is compelling enough to warrant changing any of her records, which correctly reflect the applicant’s name at the time of release from active duty. We further note that prior Boards have granted relief based on the SAF/MR guidance and that AFPC/JA recommends approval of the applicant’s request for a name change only on the DD Forms 214. Notwithstanding, this Board understands the memorandum from SAF/MR is advisory and is not policy as is established by Air Force Instruction 36-2608, which states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” We note the court order changing the applicant’s name is dated after the applicant’s period of service. Therefore, we agree with APFC/DP2SSM and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain her burden of proof that she has been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02833 in Executive Session on 24 May 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02833 was considered:

Exhibit A.	DD Forms 149, dated 30 Jun 15 and 28 Jul 15, w/atchs.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.	Letter, SAF/MRBR, dated 14 Jul 15. Exhibit E.	Memorandum, AFPC/DP2SSM, dated 19 Nov 15. Exhibit F.	Letter, SAF/MRBR, dated 8 Dec 15.
Exhibit G.	Memorandum, AFPC/DPAPP, dated 31 Mar 16. Exhibit H.	Memorandum, AFPC/JA, dated 13 Apr 16.
Exhibit I.	Letter, AFBCMR, dated 19 Apr 16. Exhibit J.	Letter, Applicant, dated 2 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.