RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-01159
		
						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.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Oct 88.  

On 31 Oct 08, the applicant retired and was credited with 20 years and 8 days of active service.  

On 17 Sep 14, according to the documentation submitted by the applicant, a Court Order directed the applicant’s name be changed.

On 4 May 16, the applicant’s name was changed in the Personnel Data System (PDS) (Exhibit G).

The remaining relevant facts pertaining to this application is described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit 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 memorandum is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 Apr 16, a copy of the SAF/MR Memorandum was forwarded to the applicant 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:

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

AFI 36-2608, Military Personnel Records System, Table A7.3, 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 applicant’s DD Form 214 correctly reflects the name at the time of discharge; it is not erroneous.  According to the plain language of AFI 36-2608, a name change such as that requested by applicant would not be permitted.  However, applicant has provided adequate proof of a legal name change and the requested correction is limited to the DD Form 214 (which, according to the SAF/MR memorandum, is “a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference”).  The relief requested is relatively limited and is tailored to spare applicant the need to explain his personal history to whomever the DD Form 214 is presented.  In our view, applicant 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 ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 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, which reflects 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 31 Oct 08 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-2016-01159 in Executive Session on 23 Mar 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 18 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
	Exhibit D.  Letter, AFBCMR, dated 26 Apr 16.
	Exhibit E.  Memorandum, AFPC/JA, dated 29 Aug 16.
	Exhibit F.  Letter, SAF/MRBR, dated 6 Sep 16.
	Exhibit G.  Letter, AFPC/DPSIRP, dated 4 May 16. 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.