RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03748

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The name on her DD Forms 214, Certificate of Release or Discharge from Active Duty, be changed to coincide with her legally changed name.

APPLICANT CONTENDS THAT:

When the DD Form 214 is presented, it creates an injustice to reveal transgender status due to possible discrimination and social stigma.  A copy of the name change court order is provided in support of this application.

In support of her request, the applicant provides copies of a court order, driver’s license, Medicaid Health Insurance Identification Card and Department of Veterans Affairs Identification Card, which reflect her legally changed name.

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

STATEMENT OF FACTS:

On 22 August 1969, the applicant entered active duty in the Regular Air Force.

According to the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, dated 22 August 1969, the applicant entered active duty under the name currently reflected in the military records.

According to the applicant’s DD Form 214, on 21 August 1973, the applicant received an honorable discharge under the name currently reflected in the records.  The applicant was credited with 4 years of active service.

A County Circuit Court order dated 12 February 2015, directed the applicant’s name be changed.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating 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.”

After further review of the applicant’s official military personnel file it is determined that the applicant enlisted, served and was discharged under the name on reflected on the DD Form 214.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the appearance of the old name on the DD Form 214 is an injustice because it reveals the transgender status every time the DD Form 214 is presented.  All VA benefits rely on a DD Form 214 and having the correct name should be taken into consideration.

The applicant’s complete response, with attachments, is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 October 2016, a copy of the SAF/MR Memorandum was forwarded to the applicant 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s name on her DD Form 214.  Although the applicant’s DD Form 214 was technically correct at the time it was issued, it is our opinion that should the applicant be required to present her DD Form 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 Form 214 to remain uncorrected would constitute an injustice.  Further, we find 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 Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 21 August 1973 separation, be declared void and a new DD Form 214 be issued to reflect the applicant’s name in Block 1 to read 

The following members of the Board considered AFBCMR Docket Number BC-2015-03748 in Executive Session on 6 December 2016 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 27 August 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP2SSM, dated 6 January 2016.
Exhibit D.  Letter, AFBCMR, dated 17 March 2016.
Exhibit E.  Letter, Applicant, dated 2 June 2016, w/atchs.
Exhibit F.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit G.  Letter, AFBCMR, dated 17 October 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 pertaining to AFBCMR Docket Number BC-2015-04118.