RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02852
		
						COUNSEL:  NONE
			
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect her current name.

By amendment, the applicant requests her former name not be listed in Block 18, Remarks, of her DD Form 214.

APPLICANT CONTENDS THAT:

She changed her name to align with her gender identity.  Disclosing her former name discloses her transgender status.  This is an injustice due to the social stigma and discrimination transgender people face.  When she used her Veterans Affairs Home Loan Certificate, she was required to submit a copy of her DD Form 214. As a result, she had to list her old name as an alias on a public document relating to home ownership.  This puts her at risk for discrimination and acts of violence because of her transgender status.

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

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force.

On 8 September 2001, she was honorably discharged, and was credited with 5 years, 8 months and 11 days of active service.

A court order dated 11 September 2002, 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:

The applicant agrees with the guidance of SAF/MR and believes the correction of her name will prevent potential injustices and discrimination that will arise from disclosing her past name. 

She also requests her former name not be listed in block 18 of the newly issued DD Form 214.  This could lead to the same injustice of employment discrimination or delayed benefits and privileges that she seeks to correct.

A complete copy of the applicant’s response, with attachment, is at Exhibit D.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  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.”

As evidence, the applicant provides copies of her DD Form 214 and court order, dated 11 September 2007, for her name change.  The applicant served from 29 April 1994 through 28 January 1999 and again from 26 September 2000 through 6 September 2001.  The applicant enlisted, served and was discharged under her former name.  The court order for the name change occurred after the service dates listed on her DD Form 214.

It does not appear the Air Force erroneously recorded the applicant’s name.  Since the applicant has no continuing affiliation with the Air Force, the DD Form 214 is unable to be amended.

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The advisory opinion conflicts with precedent of the Board which has already granted the relief she has requested.  In 2004, the Board issued a decision that provided a transgender veteran relief with changing the name on their DD Form 214.  The Board appropriately concluded the applicant’s original DD Form 214 was a hindrance to the applicant should she be required to provide documents to a servicing facility for her needs.

In light of this decision, the advisory opinion misses the point. This request is not made to correct an error, but instead is being made under the Board’s authority under 10 U.S.C 1552 to remove an injustice.

Having a name on her DD Form 214 that does not match her legal name and gender exposes her to discrimination.  The very real and significant potential for a transgender individual to be subjected to discrimination is well documented.  There is no federal law that consistently protects transgender individuals from employment discrimination.  Only 17 states and the District of Columbia provides protection from employment discrimination on the basis of gender expression.

Furthermore, the Office of the Assistant Secretary, Principal Deputy Assistant Secretary provided guidance to the Board with respect to name changes for transgender applications.  According to the memorandum, the Directors of the Army and Air Force Boards and SES representatives from the Navy, OSD/GC and OUSD/P&R concluded that a records correction, limited to the DD Form 214 was a reasonable outcome when the applicant demonstrates that allowing the DD form 214 to remain unchanged would constitute an injustice even if it were technically correct when issued.

Accordingly, she requests the Board grants the relief requested by changing her name in Block 1 of her DD Form 214.

A complete copy of the applicant’s response, with attachments, 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 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 to change her name.  We note that AFPC/DPSIRP recommends denial stating the applicant’s court ordered name change occurred after her period of service.  While there is no evidence indicating her name was incorrectly recorded, it is our opinion that should the applicant be required to present her DD Form 214 with her former name to external audiences, the circumstances would require her to disclose personal history that is needlessly intrusive.  As such, we believe allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Further, we find the applicant’s certified court order which reflects her name change sufficient proof that her name was legally changed.  However, because the current version of the DD Form 214 will make no reference to the applicant’s former name in Block 18, Remarks, we recommend denial of that portion of the request.  Therefore, we recommend the record be corrected only to the extent 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 applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be declared void, and a new DD Form 214 be issued to reflect the applicant’s present name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-02852 in Executive Session on 7 June 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-2015-02852 was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 14 Jul 15, w/atch.
	Exhibit D.  Letter, Applicant’s Response, dated 10 Aug 15, 
                 w/atch.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 18 Nov 15.
Exhibit F.  Letter, AFBCMR, dated 8 Dec 15.

Exhibit G.  Letter, Applicant’s Response, dated 16 Dec 15,
            w/atchs.

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.