RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04983
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The name on the DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect a name change.  

APPLICANT CONTENDS THAT:

The name on the DD Form 214 should be changed because disclosure of former name, in effect, discloses transgender status and may pose an injustice.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 16 Oct 81.  

On 19 Sep 85, the applicant received an honorable discharge, and was credited with 3 years, 11 months, and 4 days of total active service.

A Clark County District Court order, dated 30 Oct 07, directed the applicant’s name be changed.

According to the Certificate of Live Birth, State of California, provided by the applicant, issued on 23 Jan 09, the name was changed and gender is reflected as “female.” 

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, D, E, and F.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 Mar 15, states that 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.  The AFBCMR should require proof that the applicant's name was legally changed.  A signed and authenticated court order should be required.  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.

AFPC/DP2SSM recommends denial of the applicant’s request, indicating there is no evidence of an error or injustice.  The DD Form 214, reflected in the applicant’s military personnel file reflects the name at time of discharge.  After further review of the applicant’s official military personnel file, DP2SSM determined the applicant served and was discharged as the name listed on the DD Form 214.

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

AFPC/DP2STM recommends denial, indicating the name change is after the effective date of the DD Form 214.  At the time of discharge, the applicant’s name was accurately recorded.  Governing directives do not provide authority to change the contents of the DD214 that have an effective date after the closeout date of the document and did not occur during the period of recorded military service.  The effective date of the name change is after the effective date of the period of service recorded on the DD214.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit E.

AFPC/JA recommends granting the applicant’s request, indicating the application should be disposed of consistent with governing guidance issued to the BCMR by SAF/MR.  The applicant has provided adequate proof that the name was legally changed and the requested correction is limited to the DD 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 tailored to spare the applicant the need to explain a personal history to whomever the DD Form 214 is presented.  The applicant has presented information similar to that described in the 9 Mar 15, SAF/MRB memorandum.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates that the military is and was important during the time served; however, it was not possible to serve openly, as it is now.  Unfortunately, the DD Form 214 is unable to be used without fear of discovery and potential harm due to the erroneous name listed.  The records are incomplete without having this vital and important form list the correct identity.

In support of the request, the applicant provides copies of a revised Birth Certificate, Passport and Passport Card, Driver’s License, and Social Security Card.  

A complete copy of the applicant’s response, with attachments, 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 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 regarding the applicant’s request for the DD Form 214, Certificate of Release or Discharge from Active Duty, to be amended to reflect a name change.  We note that AFPC/DP2SSM and AFPC/DP2STM recommends denial stating the applicant’s court ordered name change occurred after the period of service.  While there is no evidence indicating the name was incorrectly recorded, it is our opinion that should the applicant be required to present a DD Form 214 with the former name to external audiences, the circumstances would require a disclosure of personal history that is needlessly intrusive.  As such, we believe allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Further, the applicant has provided a copy of an authenticated court order that reflects the applicant’s current name, which aligns with the memorandum prepared by SAF/MR which requires such, to mitigate any further injustice the current DD Form 214 may cause.  Therefore, we agree with the opinion and recommendation of AFPC/JA and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Accordingly, we recommend the record be corrected to the extent 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 the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 19 Sep 85 discharge, be declared void, a new DD Form 214 be issued to reflect the current legal name in Block 1, and no entries be made on the reissued DD Form 214 indicating the name was changed or the DD Form 214 was administratively reissued.

The following members of the Board considered AFBCMR Docket Number BC-2015-04983 in Executive Session on 9 Mar 17 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 19 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 18 Apr 16, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 17 Aug 16.
	Exhibit E.  Memorandum, AFPC/DP2STM, dated 20 Sep 16.
	Exhibit F.  Memorandum, AFPC/JA, dated 22 Sep 16.
	Exhibit G.  Letter, AFBCMR, dated 5 Oct 16.
	Exhibit H.  Letter, Applicant, undated, w/atchs. 

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.