RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03368

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She has had her last name legally changed.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 4, Enlistment/Reenlistment Document, she enlisted in the Regular Air Force on 27 June 2006, under her maiden name.

According to an AF Form 281, Notification of Change in Service Member’s Official Record, dated 4 November 2011, the applicant’s last name was changed to the name currently reflected on her DD Form 214 due to marriage.

On 26 June 2012, the applicant was furnished an honorable discharge, and was credited with six years of active service.   

On 6 March 2015, according to documentation submitted by the applicant, her name was changed based on the State of Oregon, General Judgement of Change of Name and Order to Post.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

On 3 June 2016, the applicant was forwarded a copy of the SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015.  The memorandum was provided in order to comply with 10 U.S.C. § 1556.  Specifically, the memorandum notes that the DD Form 214 is 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.  Additionally the memorandum 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.

A name change on the DD Form 214 may be appropriate when the veteran asserts that presenting their DD Form 214 that 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.  However, any such name change should be limited only to the DD Form 214; any change to an applicant’s other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases.  The AFBCMR should require proof that the applicant’s name was legally changed.  A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214.  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.

AFPC/DP2SSM recommends denial 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 that she enlisted, served and was discharged under the name currently reflected on her DD Form 214.  The Court Order changing her name is dated 6 March 2015.  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.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the SAF/MR Memorandum were forwarded to the applicant on 3 June 2016, 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 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.  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-2015-03368 in Executive Session on 26 July 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03368 was considered:

	Exhibit A.  DD Form 149, dated 1 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.  Memorandum, AFPC/DP2SSM, dated 28 Jan 16.
	Exhibit E.  Letter, SAF/MRBR, dated 3 Jun 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.