RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03295
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His name on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed.  

APPLICANT CONTENDS THAT:

He is a transgender man.  He changed his legal name in 2000 as evidenced by the name change order he provides.  The appearance of his old name on his DD Form 214 is an injustice because it reveals his transgender status. Having to disclose his transgender status is an injustice due to the social stigma and discrimination transgender people face.  The injustice can be remedied by issuing him a corrected DD Form 214 listing his current name.  

In support of his request, the applicant provides copies of his DD Form 214, court decree issued by Los Angeles Superior Court, CA changing his name, amended birth certificate issued by the State of California, driver’s license, social security card, passport and a letter from his doctor.  

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

STATEMENT OF FACTS:

On 12 December 1980, the applicant entered the Regular Air Force and was honorably released from active duty on 11 December 1984.  He was credited with four years of active duty service. 
  
The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D and E.

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 in 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:

In an e-mail dated 2 May 2016, the applicant acknowledged receipt of the SAF/MR evaluation and indicated he has no further evidence to provide.

A complete of the applicant’s response is at Exhibit H.  

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  The DD Form 214 reflects the applicant’s name at the time of discharge.  After further review of the applicant’s record, it is determined that the applicant served and was discharged with the name reflected on the DD Form 214.  AFI 36-2608, Military Personnel Records System, states “Do not correct records of former members unless evidence provides the name used while serving with the Air Force was erroneously recorded.”  They also recommend the applicant’s request be forwarded to the appropriate office for final consideration to update the DD Form 214 as DP2SSM is not the deciding entity for updating the DD Form 214.

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

AFPC/JA recommends disposing of the application consistent with governing guidance issued to the AFBCMR by SAF/MR.  The SAF/MR memorandum dated 9 March 2015, specifically analyzes cases where the applicant is transgender and how an injustice might exist.  This would result in a change to the DD Form 214 if the Board concludes that on the facts of this case that the current name on the DD Form 214 is an injustice.

The name used on the applicant’s DD Form 214 is not erroneous and correctly reflects the applicant’s name at time of discharge.  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 his former name reveals his transgender status, exposing him to social stigma and discrimination, thus imposing an injustice.  The applicant has provided adequate proof that his name was legally changed and the requested correction is limited to the DD Form 214.  The relief requested is relatively limited and tailored to spare the applicant the need to explain his personal history when presenting the DD Form 214.  The applicant has presented information similar to that described in the SAF/MR memorandum dated 9 March 2015.  

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 11 March 2016 for review and comment within 30 days (Exhibit F).  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 to warrant changing the applicant’s name on his DD Form 214.  Although the applicant’s DD Form 214 was technically correct at the time it was issued, and is AFPC/DP2SSM basis to recommend denial, it is our opinion that should the applicant be required to present his DD Form 214 with his former name to external audiences; the applicant’s circumstances would require him to disclose personal history that is needlessly intrusive.  Therefore, we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice.  Further, we find the copies of the applicant’s certified court order and other forms of government and state issued IDs, which reflect his name change sufficient proof that his name was legally changed.  Accordingly, we recommend 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, issued in conjunction with his discharge on 11 December 1984 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-2015-03295 in Executive Session on 2 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 was considered:

	Exhibit A.  DD Form 149, dated 29 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 4 February 2016.
	Exhibit E.  Memorandum, AFPC/JA dated 17 February 2016.
	Exhibit F.  Letter, AFBCMR, dated 11 March 2016.
	Exhibit G.  E-mail, AFBCMR, dated 2 May 2016.
	Exhibit H.  E-mail, Applicant, dated 2 May 2016.