RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01315 

						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:

She is a transgender woman.  An injustice occurs because of the mismatch between her DD Form 214 and documents with her legally changed name.  The result means she must “out” herself as being born a male and then provide other documents to verify her identity.

In these situations, a certain paranoia develops with an awareness of potential discrimination.  This is psychologically demoralizing and lends itself to perceptions of mistreatment.  Changing her information on her DD Form 214 to her current information will help avoid further trauma.

The attached court order legally changed her name on 30 Jul 13. 

Her Social Security Card, passport, and Utah driver’s license are in her legally changed name.

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

STATEMENT OF FACTS:

On 10 Dec 90, the applicant entered the Regular Air Force.

On 10 Sep 99, the applicant was furnished an honorable discharge and was credited with 8 years, 9 months, and one day of active service.   

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

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.  The DD Form 214 is primarily created for the benefit of the veteran in establishing entitlement 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 the 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 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 15 Jun 16 for additional comment or documents (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM-214 recommends denial, indicating there is no evidence of an error or an injustice.  Governing directives state the DD Form 214 will “provide an accurate and complete summation of active military personnel service” and does 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 military service.  At the time of discharge, the applicant’s name was accurately recorded.  The applicant’s name change occurred after the effective date of the period of service recorded on the DD Form 214.   

A complete copy of the AFPC/DP2STM-214 evaluation is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 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 court order and other forms of government and state issued IDs, which reflect her name change, sufficient proof 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 the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the applicant’s 10 September 1999 honorable discharge, be declared void, a new DD Form 214 be issued to reflect 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-2016-01315 in Executive Session on 18 Aug 17 under the provisions of AFI 36-2603 Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01315 was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 16, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 15 Jun 16 w/atch.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 20 Sep 16.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Dec 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.