RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00497 

  						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:

Disclosing her former name in effect discloses her transgender status.  This is an injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 reflects her previous name and reveals her transgender status every time she shows the form.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 13 Jan 09.

On 14 March 2014, the applicant was furnished an honorable discharge, and was credited with 5 years, 2 months, and 2 days of active service.

The State of Colorado County Circuit Court order, dated 27 Feb 15, directs the applicant’s name be changed.

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 Exhibit C, D, E, and F.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, 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.  The DD Form 214 is primarily created for the benefit of the veteran in establishing entitlements to various government programs, or in seeking employment with organizations that grant veterans’ preferences.  A name change on the DD Form 214 may be appropriate when the veteran asserts that presenting a DD Form 214 that lists an 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.

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.  AFI 36-2608, Military Personnel Records Systems, indicates the name of a former member will not be changed in the military records unless there is evidence it was erroneously recorded and to not correct records for name changes occurring after discharge.  The applicant was discharged on 14 Mar 14, and her transgender status was legally recognized on 27 Feb 15, which was after the period of her service.

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

AFPC/DPSOR recommends denial.  The applicant is transgender and contends the DD Form 214 published at the time of departure from military service may pose an injustice.  The applicant indicates other forms of identification have been changed to reflect the gender of female and states that the DD Form 214, as currently published, “is an injustice due to the social stigma and discrimination that transgender people face.”  The applicant departed active military service on 14 Mar 14.  She did not have her name changed until 2015, after the effective close out date of the DD Form 214.

By way of background, governing directives for the DD Form 214, 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.

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

AFPC/JA recommends disposing of this application consistent with governing guidance issued to the AFBCMR by SAF/MR, which would result in a change to the DD Form 214 if the AFBCMR concluded that on the facts of this case the current name on applicant’s DD Form 214 is an injustice.

AFPC/JA concedes that AFI 36-2608, Military Personnel Records System, Table 7.3, states, “Do not correct records of former Airmen to show name changes occurring after discharge.”  However, the SAF/MR memorandum referenced above envisions approval of name changes occurring after discharge in cases where applicants are able to show that failure to do so would constitute an injustice.

The name found on the applicant’s DD Form 214 correctly reflects the name at the time of discharge from the Air Force – it 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.  Nevertheless, the applicant has provided adequate proof of a legal name change, and the requested correction is limited to the DD Form 214.  The relief requested is thus tailored to spare the applicant the need to explain her personal history every time she presents the DD Form 214.  In their view, the applicant has presented information similar to that described in the SAF/MR memorandum.

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 14 Oct 16 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 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.  In reaching this decision, the Board applied the guidance of the SAF/MR memorandum to the applicant and found that allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice.  Further, we find the applicant’s certified court order and her driver’s license, which reflect her name change, provide 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 in conjunction with her 14 March 2014 discharge, be declared void, a new DD Form 214 be issued reflecting the applicant’s 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-2016-00497 in Executive Session on 16 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 pertaining to AFBCMR Docket Number BC-2016-00497 was considered:

	Exhibit A.  DD Form 149, dated 27 Jan 16, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 31 Mar 16.
	Exhibit E.  Memorandum, AFPC/DPSOR, dated 26 Jul 16.
	Exhibit F.  Memorandum, AFPC/JA, dated 7 Sep 16.
	Exhibit G.  Letter, AFBCMR, dated 14 Oct 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.