RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05349 

  						COUNSEL:  NONE

						HEARING DESIRED:  NOT ANNOTATED

APPLICANT REQUESTS THAT:

The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 9 Apr 64, be changed to coincide with her legally changed name.  

APPLICANT CONTENDS THAT:

Disclosure of her former name discloses her transgender status, creating an injustice due to the social stigma and discrimination transgender people face.  Every time she shows her DD Form 214, it reveals her transgender status.  This injustice can be remedied by issuing a new DD Form 214 with her current name and gender.  In support of her request, she provides a court order showing she changed her name and a letter from her doctor outlining she has had appropriate clinical treatment for gender transition.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Jul 60.

On 9 Apr 64, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 29 days of active service.  

On 1 Mar 13, according to documentation provided by the applicant, the Trumbull County Probate Court, Warren, OH, ordered the applicant’s name be changed.  

On 24 Oct 13, according to documentation provided by the applicant, her physician declared that the applicant has had the appropriate clinical treatment for gender transition to female.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits D and E. 

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.  The 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, sent to the applicant, is at Exhibit C.

AFPC/DP2SSM recommends denial, indicating there is no evidence of an error or an injustice.  The applicant enlisted, served, and was discharged all under the same name.  

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

AFPC/JA recommends disposing of the applicant’s request consistent with the SAF/MR guidance to the Board resulting in a change to the DD Form 214 if the Board concludes that the current name and gender on the DD Form 214 represent an injustice.  The name used on the applicant’s DD Form 214 correctly reflects the name at the time of the discharge and is not erroneous.  According to the plain language of AFI 36-2608, a name change such as that requested by the applicant would not be permitted.  However, the applicant has provided adequate proof of a legal name change and has presented information similar to that described in the SAF/MR memorandum.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 Jun 16 for review and comment within 30 days (Exhibit F).  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 to warrant changing the applicant’s name and gender on her DD Form 214.  While we note the comments of AFPC/DPSMM indicating that relief should be denied because the applicant enlisted, served, and was discharged all under the same name and the applicant’s DD Form 214 is technically correct, we believe a preponderance of the evidence substantiates that corrective action is warranted.  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 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.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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 the 9 April 1964 discharge, be declared void, a new DD Form 214 be issued to reflect the current legal name in Block 1, Block 7b be changed from “MALE” to “FEMALE,” 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-2015-05349 in Executive Session on 9 May 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 14 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 4 May 16, w/SAF/MR
  Memorandum, dated 9 Mar 15.  
Exhibit D.  Memorandum, AFPC/DP2SSM, dated 7 Jun 16.
	Exhibit E.  Memorandum, AFPC/JA, dated 14 Jun 16.
	Exhibit F.  Letter, AFBCMR, dated 16 Jun 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.