RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-05044
		
  							COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He is a transgender man.  On 30 Oct 15, he legally changed his name.  The name he served under in the Air Force unfairly reveals his transgender status.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Nov 76.  

On 13 Dec 77, the applicant received a General (Under Honorable Conditions) discharge after serving 1 year and 26  days of active service, and was issued a DD Form 214 which reflected his previous name. 

According to the documentation submitted by the applicant, “(court order changing name and gender, a drivers’ license, social security card and passport)” on 30 Oct 15, he legally changed his previous name to his current legal 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 EVALUATIONS:

AFPC/DP2SSM recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  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.”  The applicant enlisted, served, and was discharged under a previous name.  Recommend this request be denied.  

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 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 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 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 EVALUATIONS:

Copies of the Air Force evaluation and the SAF/MR Memorandum were forwarded to the applicant on 3 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 his 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 his DD Form 214 with his former name to external audiences; the applicant’s circumstances would require him 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 his name change sufficient proof that his 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 for the period of service from 18 November 1976 to 13 December 1977 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-2015-05044 in Executive Session on 15 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05044 was considered:

	Exhibit A.  DD Form 149, dated 22 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 9 Mar 16.
	Exhibit D.  Memorandum, AFBCMR, dated 3 May 16, w/atch.
	Exhibit E.  Letter, SAF/MRBR, dated 3 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.