RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03852
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Her former, traditionally male name, will disclose her status as a transgender woman.  This represents a serious injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 with her former name reveals her transgender status every time she must present the form, effectively rendering an on-going pattern of injustice.  This injustice can be easily and effectively remedied by issuing a corrected DD Form 214 listing her current legal name.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 April 1985.  

On 18 March 1995, the applicant was furnished an honorable discharge, and was credited with 9 years, 11 months, and 15 days of active service.

A County Court order dated 5 August 1996, directed the applicant’s name be changed.

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 and D.  

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 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 C.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 January 2016, a copy of the SAF/MR Memorandum was forwarded to the applicant 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.  Air Force Instruction 36-2608, Military Personnel Records System, indicates the records of former members are not to be corrected unless evidence proves the name used while serving with the Air Force was erroneously recorded.  A review of the applicant’s records revealed enlisted service, and discharge under the applicant’s former name.  Therefore, it does not appear that the Air Force erroneously recorded the applicant’s name.  
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit E.

AFPC/JA recommends disposition that is consistent with SAF/MRB memorandum.  Specifically, the applicant’s request should be approved if the current name on the DD Form 214 presents an injustice, as determined by the BCMR.  In accordance with (IAW) Air Force Instruction (AFI) 36-2608, Military Personnel Records System, action offices will not correct records of former Airmen to show name changes occurring after discharge.  Moreover, pursuant to AFI 36-2603, Air Force Board for Correction of Military Records, the applicant has the burden of providing sufficient evidence of material error or injustice.  Therefore, IAW AFI 36-2608, a name change such as that requested by the applicant would not be permitted because the name used on the applicant’s DD Form 214 correctly reflects her name at the time of her discharge—it is not erroneous.  However, the applicant has provided adequate proof that her name was legally changed and the requested correction is limited to the DD Form 214, which 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 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 to.  As such, 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 Air Force evaluations were forwarded to the applicant on 8 March 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 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 on 18 March 1995, 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-2015-03852 in Executive Session on 9 August 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

	Exhibit A.  DD Form 149, dated 4 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.  
	Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.  
	Exhibit D.  Letter, AFBCMR, 7 January 2016, w/atch.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 21 January 2016.
	Exhibit F.  Memorandum, AFPC/JA, dated 1 February 2016.
	Exhibit G.  Letter, AFBCMR, dated 8 March 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.