RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04011
		
						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

The name and gender on her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to coincide with her legally changed name and gender.

APPLICANT CONTENDS THAT:

Her former [traditionally male] name will disclose her status as a transgender woman.  This represents an 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.

In support of her request, the applicant provides copies of a physician’s memorandum, Certificate of Live Birth, Marriage Register, driver’s license, social security card, and Federal Employees Retirement System Identification card which reflect her legally changed name, and various other documents related to her appeal.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, on 17 October 1960, she entered the Regular Air Force and on 24 August 1964, she was released from active duty with an honorable character of service, transferred to the Air Force Reserve and was credited with 3 years, 10 months, and 8 days of active service.  Item 7b (Sex), of the DD Form 214, indicates “Male.”

On 14 April 1992, the State Registrar of Vital Records issued the applicant a Certificate of Live Birth, reflecting her gender as female and her current name.

In a letter dated 18 September 2015, the applicant’s treating physician certified the applicant had gender transition surgery in May 1991.

According to AFI 36-3202, Separation Documents, Table 3 (Authorized Entries on Discharge Certificates), gender is not now an authorized entry on the DD Form 214.

The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit E.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records [AFBCMR], 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 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 AFBCMR 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.  However, in addition to the evidence of injustice, the AFBCMR should require proof that the applicant's name was legally changed.  This memorandum is an 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 2 May 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/JA recommends granting the applicant’s request.  The name used on the applicant’s DD Form 214 correctly reflects the name at the time of her discharge – it is not erroneous.  According to AFI 36-2608, Military Personnel Records Systems, a name change such as that requested by the applicant would not be permitted.  Despite the fact that a judge’s order granting a legal name change has not been submitted, the applicant has provided adequate proof of a legally changed name.  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 the DD Form 214 is presented.  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 E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Over 25 years ago her attorney filed the documents granting her a legal name change.  However, the United States Circuit Court could not locate the order. She was instructed to contact the state archives; however, they advised her that it would be impossible to locate the document without a docket number.  The documents she has included with her submission should suffice as proof of a legal name change.  Without a legal name change she would not have been allowed to obtain a birth certificate indicating her new name and gender, and other government issued credentials.  She implores the Board to consider all the documents submitted and grant her request in the interest of justice.

The applicant’s complete response is at Exhibit G.

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.  We further find the applicant’s birth certificate, social security card and other forms of government and state issued credentials, which reflect her name change are sufficient proof that her name was legally changed.  The applicant has also requested her gender be changed on the DD Form 214.  However, although the DD Form 214 issued in conjunction with her separation in 1964 does indicate her gender; given that gender is not an authorized entry on the current version of the DD Form 214, we find no evidence of an error or injustice in this portion of her request.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with her 24 August 1964, separation, be declared void and a new DD Form 214, Certificate of Release or Discharge from Active Duty, be issued to reflect the applicant’s name in Block 1.

The following members of the Board considered AFBCMR Docket Number BC-2015-04011 in Executive Session on 13 September 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 18 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D.  Letter, AFBCMR, dated 2 May 2016.
Exhibit E.  Memorandum, AFPC/JA, dated 21 June 2016.
Exhibit F.  Letter, AFBCMR, dated 24 June 2016.
Exhibit G.  Email, Applicant, dated 5 July 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 with regard to AFBMCR Docket Number BC-2015-04011.