RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00383 COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 Aug 98, 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 listing 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 18 Aug 75.
The applicant was issued DD Forms 214, Certificate of Release or Discharge from Active Duty, for the following periods: 18 Aug 75 to 17 Aug 79 and 23 Oct 79 to 31 Aug 98.

On 1 Sep 98, the applicant retired and was credited with 22 years,
10 months, and 8 days of active service.
On 4 May 11, according to documentation provided by the applicant, the District Court of Douglas County, Washington, directed the applicant’s name be changed.

On 22 Jan 14, according to documentation provided by the applicant, her physician declared that she has had the appropriate clinical treatment for gender transition to female.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which is included 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 is 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 guidance, sent to the applicant, is at Exhibit C.

AFPC/DPSOR recommends denial, indicating the applicant’s name change was after the effective date of the DD Form 214.

DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series) and AFI 36-3202, Separation Documents, states the DD Form 214 will “provide an accurate and complete summation of active military personnel service.” Governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of the recorded military service.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.
AFPC/JA recommends granting the applicant’s request, indicating the relief requested is relatively limited and is tailored to spare the applicant the need to explain her personal history to whomever the

DD Form 214 is presented. Therefore, the application should be disposed of consist with governing guidance issued to the Board staff by SAF/MR.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the SAF/MR Memorandum and Air Force evaluations were forwarded to the applicant on 16 May 16 and 18 Apr 17, for review and comment within 30 days (Exhibits C and 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 on her DD Forms 214. Although the applicant’s DD Forms 214 were technically correct at the time they were issued, it is our opinion that should the applicant be required to present her DD Forms 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 Forms 214 to remain uncorrected would constitute an injustice. Further, we find the applicant’s certified court order, 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.

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 the DD Forms 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the following periods of service be declared void and new DD Forms 214 be issued reflecting the applicant’s name in Block 1, and no entries be made on the reissued DD Forms 214 indicating the name was changed or the DD Form 214 was administratively reissued.

18 August 1975 to 17 August 1979
23 October 1979 to 31 August 1998

The following members of the Board considered AFBCMR Docket Number BC-2016-00383 in Executive Session on 9 Nov 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 26 Jan 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Letter, AFBCMR, dated 16 May 16, w/SAF/MR
Memorandum, dated 9 Mar 15.
Exhibit D.	Memorandum, AFPC/DPSOR, dated 4 Aug 16. Exhibit E.	Memorandum, AFPC/JA, dated 10 Apr 17.
Exhibit F.	Letter, AFBCMR, dated 18 Apr 17, w/atch.

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.