RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04899
		
						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:

She had a transgender operation.  She has a court order dated 26 Oct 15 changing her former male name to her current female name, and her DD Form 214 should be corrected by 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 6 Jan 84.

On 5 Dec 89, the applicant was furnished an honorable discharge, and was credited with five years and 11 months of active service.

On 9 Jul 15, her physician signed a Medical Information Authorization (change of sex identification), attesting the applicant’s gender is female.  

On 26 Oct 15, a County Circuit Court order, directed the applicant’s name be changed to her current name.

On 26 Oct 15, the applicant successfully applied for a new social security card under her current name. 

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of an error or injustice.  AFI 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 official military personnel file revealed the member enlisted, served and was discharged using the name as recorded on the DD Form 214 issued the applicant upon her discharge on 5 Dec 89.  
 
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

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 memorandum is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 May 16, 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.  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 if the applicant be required to present her DD Form 214 with her former name, a traditionally male name, to external audiences, then 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 release from active duty on 5 December 1989 be declared void and a new DD Form 214 be issued reflecting the applicant's current name in Block 1:

The following members of the Board considered AFBCMR Docket Number BC-2015-04899 in Executive Session on 20 Oct 16 under the provisions of AFI 36-2603:

All members voted to correct the record as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04899 was considered:

	Exhibit A.  DD Form 149, dated 12 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 1 Mar 16.
	Exhibit D.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit E.  Letter, SAF/MRBR, dated 2 May 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.