RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2015-05340

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect his legal name change and removal of Homosexual Admission as the narrative reason for separation.

APPLICANT CONTENDS THAT:

He legally changed his name to align with his gender identity as a transgender man.  Every time he shows his DD Form 214, the appearance of his previous name and narrative reason for separation of Homosexual Admission reveals his transgender status and leaves him open to the social stigma and discrimination transgender people face.  Additionally, the regulation governing discharge for homosexuality is no longer in effect.

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

STATEMENT OF FACTS:

On 12 Feb 02, the applicant initially entered the Regular Air Force.

On 5 Aug 03, the applicant was furnished an Honorable discharge and credited with 1 year, 5 months, and 24 days of active service.

On 4 Dec 15, the applicant had his name legally changed in the probate court of Mahoning County, Ohio.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C through G.

AIR FORCE EVALUATION:

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 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 evaluation is at Exhibit C.

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.

The applicant-provided documents reflect service dates from 12 Feb 02 through 5 Aug 03 and a legal name change on 15 Dec 15.  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.”  Review of the applicant’s official military personnel file reflects the applicant enlisted, served, and was discharged under his former name and was not erroneously recorded.

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

AFPC/DP2STM-SEP recommends granting the applicant’s request indicating there is evidence of an error or an injustice.  This advisory will only address aspects of the applicant’s request related to discharge, to include the narrative reason for separation, the Separation Program Designator (SPD) code, and character of service.

Applicant was separated from the Air Force on 5 Aug 03 under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5.36 (Homosexual Conduct; Admission), with an Honorable discharge.  The base legal office conducted a review of the discharge and found it legally sufficient to support separation. The discharge authority accepted the applicant’s waiver and directed the applicant receive an Honorable discharge service characterization.

On 10 Sep 2011, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT)”.  

“Effective September 20, 2011, Service Discharge Review Boards should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” with Separation Program Designator (SPD) code JFF), requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-re-enter category (the new RE code should be 1J) when both of the following conditions are met: (1) the original discharge was based solely upon DADT or a similar policy in place prior to enactment of DADT, and (2) there were no aggravating factors in the record, such as misconduct.  Although each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors.”

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

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice.

The applicant departed active military service on 5 Aug 03 and changed his name in 2015, after the effective close out date of the DD Form 214.

Governing directives for the DD Form 214, Department of Defense Instruction (DoDI) 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and Air Force Instruction (AFI) 36-3202, Separation Documents, state the DD Form 214 will “provide an accurate and complete summation of active military personnel service.”  At the time of discharge, the applicant’s name was accurately recorded.

The DoDI does not provide authority to change the contents of the DD Form 214, used to record past military service, for data changes after its close out date, when the document is certified/uncontested accurate at the time of publication, or based upon a potential undocumented injustice.

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

AFPC/JA recommends granting the applicant’s request and the additional unrequested modifications (SDN and RE codes) to the DD Form 214 be made in accordance with DoD policy and the repeal of Title 10, Section 654 (DADT).

Based on a review of the applicant’s Master Personnel Record, there are no aggravating factors in this case.  Therefore, the narrative reason, SDN code, and reenlistment code on the applicant’s DD Form 214 should be changed in compliance with the DADT guidance referenced above.

Pursuant to AFI 36-2608, Military Personnel Records System, 26 Oct 15, Table 7.3, action offices will not correct records of former Airmen to show name changes occurring after discharge. Moreover, pursuant to AFI 36-2603, Air Force Board for Correction of Military Records, 5 Mar 12, the applicant has the burden of providing sufficient evidence of material error or injustice.  SAF/MR memorandum, dated 9 Mar 15, specifically analyzes cases wherein the applicant is transgender and how an injustice might exist.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Nov 16 for review and comment within 30 days (Exhibit H).  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.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant’s situation warrants relief.  While we note the comments of AFPC/DPSOR and AFPC/DP2SSM indicating relief should be denied because the applicant only changed his name after his period of service was complete, we believe the guidance in the SAF/MR memorandum, dated 9 Mar 15, concerning name changes applies in this situation.  Specifically, requiring the applicant to present a DD Form 214 reflecting his former name would require him to explain his personal history, which would be needlessly intrusive.  Further, we agree with AFPC/DP2STM-SEP and AFPC/JA regarding amendment of the narrative reason for separation, and, though not specifically requested by the applicant, the SPD/RE codes, to comply with repeal of DADT.  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 that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his discharge on 5 August 2003, be declared void and he be issued a new DD Form 214 reflecting his current name in Block 1, with a Narrative Reason for Separation of “Secretarial Authority”, SPD Code of “JFF”, and Reentry Code of “1J”. 

The following members of the Board considered AFBCMR Docket Number BC-2015-05340 in Executive Session on 6 Jun 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05340 was considered:

	Exhibit A.  DD Form 149, dated 17 Dec 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated, 6 Apr 16.
	Exhibit E.  Memorandum, AFPC/DP2STM-SEP, dated, 20 Apr 16.
	Exhibit F.  Memorandum, AFPC/DPSOR, dated, 25 Jul 16.
	Exhibit G.  Memorandum, AFPC/JA, dated, 3 Aug 16.
Exhibit H.  Letter, AFBCMR, dated 2 Nov 16, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.