RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00233
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Her former, traditionally male name, will disclose her status as a transgender woman.  This represents a serious injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 with her former name reveals her transgender status every time she must present the form, effectively rendering an on-going pattern of injustice.  This injustice can be easily and effectively remedied by issuing a corrected DD Form 214 listing her current legal name.

In support of her request, the applicant provides copies of a court order, United States Uniformed Services identification (ID) card, United States Passport and driver’s license, which reflect her legally changed name, and other documents related to her appeal.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Aug 88.  

On 30 Nov 10, the applicant retired and was credited with 22 years, 3 months, and 20 days of active service.  

On 2 Apr 15, according to the documentation submitted by the applicant, a Court Order directed the applicant’s name be changed.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by SAF/MR and the Air Force office of primary responsibility (OPR), which are included at Exhibits C 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.  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 C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MR memorandum was forwarded to the applicant on 18 Mar 16 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:

ARPC/DPTS defers to the SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records dated 9 Mar 15. 

A complete copy of the ARPC/DPTS evaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy the Air Force evaluation was forwarded to the applicant on 7 Sep 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 error or injustice to warrant changing the applicant’s name on her 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 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, United States Uniformed Services ID card, and other forms of government and state issued IDs, which reflect her name change sufficient proof that her 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 on 30 November 2010, be declared void and a new DD Form 214 be issued reflecting the applicant's legally changed 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-2016-00233 in Executive Session on 23 Feb 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 pertaining to AFBCMR Docket Number BC-2016-00233 was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 18 Mar 16.
	Exhibit E.  Memorandum, ARPC/DPTS, dated 18 Aug 16.
	Exhibit F.  Letter, AFBCMR, dated 7 Sep 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.