RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02882
		
  						COUNSEL:  NONE
  
						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

His name on his Honorable Discharge certificate and his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to his legal name.  

APPLICANT CONTENDS THAT:

He legally changed his name on 5 Apr 01 and it is an injustice that every time he shows his DD Form 214 with his prior name it reveals his transgender status.  

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

STATEMENT OF FACTS:

According to the document provided by the applicant, he initially entered the Regular Air Force on 14 Jun 93. 

On 6 Oct 93, according to the document provided by the applicant, he was furnished an honorable discharge, and was credited with three months and three days of active service; however, continued to affiliate with the Air National Guard.

On 5 Apr 01, according to the Franklin County Probate Court Judgement Entry – Change of Name of Adult, he changed his name.  

On 19 Sep 06, according to the letter provided by applicant, he underwent genital reassignment surgery. 

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 C.  

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  The documentation of the applicant’s name is dated after their 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, we are unable to amend their military record after the fact.
 
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

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 E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 Dec 15 for review and comment within 30 days (Exhibit D).  On 22 Aug 16, a copy of the SAF/MR memorandum, dated 9 Mar 15, was forwarded to the applicant 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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, the majority of the Board believes the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DP2SSM indicating that relief should be denied because the applicant enlisted, served, and was discharged under his previous name and his name change took place after his period of service, the majority of the Board believes a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the SAF/MR memorandum, dated 9 Mar 15, and the majority of the Board agrees that should the applicant be required to present the DD Forms 214 with the former name to external audiences; the applicant’s circumstances would require disclosure of personal history that is needlessly intrusive.  Further, the majority of the Board finds the applicant’s certified court order, driver’s license, as well as a statement of support from the attending physician, and sufficient proof of the name change.  Therefore, the majority of the Board believes allowing the applicant’s DD Forms 214 to remain uncorrected would constitute an injustice.  Accordingly, the majority of the Board recommends the applicant’s record be corrected as 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 DD Form 214, Certificate of Release or Discharge from Active Duty, dated 6 October 1993, be declared void and a new DD Form 214 be issued reflecting the applicant’s name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-02882 in Executive Session on 22 Sep 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

By a majority vote, the Board voted to correct the records as recommended.  Mr. XXXXX voted to deny the correction and declined to submit a minority report.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02882 was considered:

	Exhibit A.  DD Form 149, dated 4 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 18 Nov 15.
	Exhibit D.  Letter, AFBCMR, dated 9 Dec 15.
	Exhibit E.  Letter, AFBCMR, dated 22 Aug 16, w/atch.

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.