RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02869

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His name be changed in his military record to include his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

His military record should reflect his legal name change.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Jul 74.

On 1 Sep 96, the applicant retired and was credited with 22 years, 1 month, and 16 days of active service.  

On 30 Oct 14, according to the Final Order Changing the Name of an Adult, Bell County, TX, the applicant changed his name.

On 6 Jan 16, AFPC/DP2SSM administratively corrected the applicant’s master personnel record to reflect his name change.  A complete copy of the AFPC/DP2SSM letter to the applicant, with attachment, is at Exhibit C.

The remaining relevant facts pertaining to this application are contained in a memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and F.  

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denying the applicant’s request to change his name on his DD Form 214 indicating there is no evidence of an error or an injustice.  At the time the applicant separated from service on 31 Aug 96, his name recorded on the DD Form 214 and his name in the service record were the same.  The applicant changed his name effective 30 Oct 14; 13 years and 2 months after departing active service.  While the name of a retired military record may be changed for the benefit of retirement pay/benefits, the DD Form 214 does not change. 

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

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, 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 F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Sep 16, the applicant responded by email stating he simply needs to add his first name to what is already there as he has been called this name for 40 years.  His response 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.  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, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice beyond the relief provided administratively.  We also noted the SAF/MR name change guidance in determining our decision and agree that in this case, there is no error or injustice.  The Board believes the correction to the DD Form 214 is unnecessary as the applicant has not demonstrated that it has placed him in a needlessly intrusive scenarios.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02869 in Executive Session on 20 Sep 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02869 was considered:

	Exhibit A.  DD Form 149, dated 10 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DP2SSM, dated 6 Jan 16, w/atch.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 22 Feb 16.
Exhibit E.  Letter, AFBCMR, dated 4 Mar 16.
Exhibit F.  Email, AFBMCR, dated 12 Sep 16, w/atch.
Exhibit G.  Email, Applicant’s Rebuttal, dated 19 Sep 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 AFBCMR Docket Number BC-2015-02869.