RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05242
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her name on her DD Form 214, Certificate of Release or Discharge, be changed.  

APPLICANT CONTENDS THAT:

She is a transgender woman.  She changed her name legally in 2012 and provides a name change order.  The appearance of her old name on her DD Form 214 is an injustice as it reveals her transgender status every time she shows her DD Form 214.

Disclosure of her former name discloses her transgender status which is an injustice due to the social stigma and discrimination transgender people face.  The injustice can be remedied with the issuance of a new DD Form 214 listing her current name.   She was not aware until recently a remedy was available to correct the injustice.  

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

STATEMENT OF FACTS:

The applicant retired on 30 November 1994 in the grade of Technical Sergeant (E-6).  She was credited with 16 years, 2 months and 24 days of active duty service.  

The applicant provides a certified copy of the decree for change of name dated 9 February 2012 issued by the State of Colorado, a SSN card with the new name dated 13 November 2012 and a letter dated 20 February 2013 confirming surgery.  

In a letter dated 31 March 2016, AFPC/DP2SSM advised the applicant her name in the official military personnel system was changed as requested.  

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and F.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, 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 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 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.  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:

A copy of the SAF/MR evaluation was forwarded to the applicant on 9 March 2016 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 disposing of the application consistent with governing guidance issued to the AFBCMR by SAF/MR.  This would result in a change of name on the applicant’s DD Form 214.

The name on the applicant’s DD Form 214 correctly reflects her name at the time of discharge and is not erroneous.  According to the plain language of AFI 36-2608, Military Personnel Records System, a name change such as that requested by the applicant would not be permitted.  However, the 9 March 2015, SAF/MR memorandum specifically analyzes cases wherein the applicant is transgender and how an injustice might exist.  The applicant has provided adequate proof that her name was legally changed and 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 when presenting the DD Form 214.  The applicant has presented information similar to that described in the 9 March 2015 SAF/MR memorandum.  

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 2 November 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.   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 agree with the SAF/MR and AFPC/JA opinions and recommendations and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an injustice.  Therefore, we recommend the applicant's records 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 the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her retirement on 30 November 1994, 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-2015-05242 in Executive Session on 6 April 2017 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 7 December 2015, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
	Exhibit D.  Letter, AFBCMR, dated 9 March 2016.
	Exhibit E.   Letter, AFPC/DP2SSM, dated 31 March 2016, w/atch.
	Exhibit F.  Memorandum, AFPC/JA, dated 3 August 2016.
	Exhibit G.  Letter AFBCMR, dated 2 November 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.