RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00432 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

As a transgender woman, the appearance of her old name on the DD Form 214 is an injustice, as it reveals her transgender status.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Feb 80.

On 1 Aug 83, the applicant was furnished an honorable discharge, and was credited with 3 years, 5 months, and 5 days of active service.  

A Decree Changing Name, dated 10 Apr 98, was filed and issued by the District Court in and for Oklahoma County, State of Oklahoma, which reflects the applicant’s name was changed. 

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

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.

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.”  After further review of the member’s official military personnel file it is determined that the member enlisted, served and was discharged under the same name.

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

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

Governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) 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.  Governing directives do not provide authority to change the contents of the DD Form 214, used to record past military service, for data changes after it’s close out date, when the document is certified/uncontested accurate at the time of publication, or based on a potential undocumented injustice.

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

AFPC/JA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  

AFPC/JA recommends the applicant’s request be disposed of consistent with the 9 Mar 15, SAF/MR memorandum providing guidance on name change requests, indicating there is evidence of an error or injustice.  SAF/MR contemplated situations wherein applicants who are transgender may meet the burden of showing an injustice if the applicants’ presentation of a DD Form 214 that lists an old name effectively requires them to explain their personal history that they find needlessly intrusive and thus an injustice.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Mar 17 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 is the victim of an error or injustice.  While we note the comments of AFPC/DP2SSM and AFPC/DPSOR indicating that relief should be denied because the effective date of the name change is after the effective date of the period of service recorded on the DD Form 214, 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 her former name would require her to explain her personal history, which would be needlessly intrusive.  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 discharge on 1 August 1983, 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-2016-00432 in Executive Session on 6 Jun 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00432 was considered:

	Exhibit A.  DD Form 149, dated 26 Jan 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 20 Apr 16.
	Exhibit E.  Memorandum, AFPC/DPSOR, dated 26 Jul 16.
	Exhibit F.  Memorandum, AFPC/JA, dated 3 Aug 16.
	Exhibit G.  Letter, AFBCMR, dated 10 Mar 17.

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.