RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03702
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her name on her DD Forms 214, Report of Separation from Active Duty, and Armed Forces of the United States Report of Transfer or Discharge be changed.  

APPLICANT CONTENDS THAT:

She is a transgender woman.  She changed her legal name on 12 July 1983 and her birth certificate was amended to reflect her new name.  The appearance of her old name on her DD Forms 214 is an injustice because it reveals her transgender status every time she shows her DD Forms 214.  This is an injustice due to the social stigma and discrimination that transgender people face.  

She requests all three of her DD Forms 214 be corrected.  She was not aware until recently that it was possible to remedy this injustice.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 October 1968 and was discharged on 2 May 1971.  She was credited with 2 years, 6 months and 2 days of active duty service for this period.  

She served a subsequent period of active duty from 3 May 1971 to 2 May 1975.  She was credited with 4 years of active duty service for this period.  

The applicant served a final period of active duty from 3 May 1975 to 8 October 1976.  She was credited with 1 year, 5 months and 6 days of active duty service for this period.   

The applicant provides a court order for change of name issued on 12 July 1983 by Harris County, Texas.   

The applicant provides an amended birth certificate issued by the State of Texas on 19 February 1985 reflecting her new name.  The applicant also provides her Medicare Health Insurance, Department of Veterans Affairs, Colorado State Driver License and SSN identification cards which reflect her new name.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, E and F.

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.  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:

A copy of the SAF/MR Memorandum was forwarded to the applicant on 9 March 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:  

AFPC/DP2SSM recommends denial.  The evidence, DD Form 214, reflects the applicant’s name at time of discharge is correct as reflected.  The applicant enlisted, served and was discharged in 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 proves the name used while serving with the Air Force was erroneously recorded.”  

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

AFPC/JA recommends disposing of the application consistent with governing guidance issued to the AFBCMR by SAF/MR.  This would result in a change of name on the applicant’s DD Form 214.  The name on the applicant’s DD Form 214 correctly reflects her name at the time of discharge and is not erroneous.  According to the plain language of AFI 36-2608, a name change such as that requested by the applicant would not be permitted.  However, the 9 March 2015, SAF/MRB memorandum specifically analyzes cases wherein the applicant is transgender and how an injustice might exist.  The applicant has provided adequate proof that her name was legally changed and the requested correction is limited to the DD Form 214, 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.  The relief requested is relatively limited and is tailored to spare the applicant the need to explain her personal history to whomever she presents the DD Form 214.  The applicant has presented information similar to that described in the 9 March 2015 SAF/MRB memorandum.  

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 6 June 2016 for review and comment within 30 days (Exhibit G).  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 to warrant changing the applicant’s name on her DD Forms 214.  Although the applicant’s DD Forms 214 were technically correct at the time they were issued, and is AFPC/DP2SSM’s basis to recommend denial, it is our opinion that should the applicant be required to present her DD Forms 214 with her former name to external audiences; the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive.  Therefore, we believe allowing the applicant’s DD Forms 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 her name change sufficient proof that her 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 Forms 214, Report of Separation from Active Duty and Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with the following periods of service be declared void and new DD Forms 214 be issued reflecting the current legal name in Block 1, and no entries be made on the reissued DD Forms 214 indicating the name was changed or the DD Forms 214 were administratively reissued.  
	
30 October 1968 to 2 May 1971
3 May 1971 to 2 May 1975	
3 May 1975 to 8 October 1976 

The following members of the Board considered AFBCMR Docket Number BC-2015-03702 in Executive Session on 6 April 2017 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-2015-03702 was considered:

	Exhibit A.  DD Forms 149, undated and dated 26 January 2016,
			  w/atchs.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
	Exhibit D.  Letter, AFBCMR, dated 6 June 2016.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 24 February 2016.
	Exhibit F.  Memorandum, AFPC/JA, dated 30 March 2016.
	Exhibit G.  Letter, AFBCMR, dated 6 June 2016.  

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.