RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2016-01579
		
XXXXXXXXXXXXXXXXXXXXXXXXXXX		COUNSEL:  NONE

AKA XXXXXXXXXXXXXXXXXXX			HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  The name on her DD Forms 256AF, Honorable Discharge Certificate, be corrected to coincide with her legally changed name.

2.  The DD Form 214, Armed Forces of the United States – Report of Transfer or Discharge, issued in conjunction with her 20 December 1970 separation be corrected to coincide with her legally changed name, the selective service number and location be deleted, and her signature be removed.

3.  The DD Form 214, Report of Separation from Active Duty, issued in conjunction with her 20 July 1976 separation be corrected to coincide with her legally changed name, the gender be changed, the selective service number and location be deleted and her signature be removed.

APPLICANT CONTENDS THAT:

Disclosure of her former name reveals her transgender status creating an injustice due to the social stigma and discrimination transgender people face.  Each time she presents her DD Form 214, it reveals her transgender status.  This injustice can be remedied by issuing new DD Forms 214 which display her current name.  In support of her request, the applicant provides a court order showing she changed her name, a letter from her doctor indicating she has had appropriate clinical treatment for gender transition, and a birth certificate and identification cards reflecting her changed name and gender.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 20 June 1968.

The applicant was issued DD Forms 214 for the following periods:  20 June 1968 to 20 December 1970 and 21 December 1971 to 20 July 1976.

On 20 July 1976, the applicant was furnished an honorable discharge, and was credited with 8 years, 1 month, and 1 day of active service.

On 9 May 1991, according to documentation provided by the applicant, the County Circuit Court ordered the applicant’s name be changed.

On 23 June 1993, according to documentation provided by the applicant, her physician declared she received the appropriate clinical treatment for gender transition to female.

On 13 May 2008, according to documentation provided by the applicant, the State Department of Health and Vital Records issued her a Certification of Birth reflecting her name and gender change.

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 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 a reasonable outcome when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  Any such name change should be limited only to the DD Form 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases.  This memorandum is an advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority.

A complete copy of the SAF/MR guidance is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MR guidance was forwarded to the applicant on 24 June 2016, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error.  Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, states “Do not correct records of former Airmen to show name changes occurring after discharge.”  The applicant enlisted, served and was discharged with the name reflected on her DD Forms 214.

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

In the interest of justice, she appeals to the Board to grant her request.  She must occasionally present her DD Forms 214 and does not want to disclose her transgender status due to the bias, discrimination, and violence she has experienced since her transition. The DD Forms 214 are the only documents that remain unchanged and do not coincide with all other documents that indicate her changed name.

In further support of her request, the applicant provides a copy of her Department of Veterans Affairs identification card reflecting her changed name.

The applicant’s complete response, with attachment, is at Exhibit G.

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.  The Board majority opined 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, allowing the applicant’s DD Forms 214 to remain uncorrected would constitute an injustice.  Further, the Board majority finds the applicant’s certified court order, birth certificate, and other forms of government and state issued identification cards, which reflect her name change sufficient proof that her name was legally changed.  The applicant has also requested additional corrections to her DD Forms 214 to include changing the gender, deleting the selective service number and location, and removing her former signature to allow her to annotate her new signature.  However, although the applicant’s current DD Forms 214 show her selective service number and location and signature, and her DD Form 214 issued in conjunction with her separation in 1976 also displays her gender, these items are no longer authorized entries and will not be indicated on the current version of the DD Form 214 the applicant will be issued.  In addition, since the applicant will not be available to sign her new DD Forms 214, the entry “Member Not Available to Sign” will be entered in item 21 (Signature of Member Being Separated).   Regarding the applicant’s request to change the name on her DD Forms 256AF, the Board agrees with SAF/MR guidance that any such name change should be limited only to the DD Form 214 and the applicant has not demonstrated that extraordinary circumstances exist that are required for this Board to grant relief in changing anything other than the DD Forms 214.  Accordingly the Board finds no evidence of an error or injustice in this portion of her request.  In view of the foregoing, the Board majority recommends the applicant’s records be corrected to the extent 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 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 to reflect the current legal name in Block 1, and no entries be made on the reissued DD Forms 214 indicating the name was changed or the DD Forms 214 were administratively reissued:

20 June 1968 to 20 December 1970
21 December 1971 to 20 July 1976

The following members of the Board considered AFBCMR Docket Number BC-2016-01579 in Executive Session on 14 November 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

By a majority vote, the Board voted to partially grant the applicant’s requests.  XXXXXX voted to deny the requests and provided a minority report, which is at Exhibit H.  The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 18 April 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D.  Letter, AFBCMR, dated 24 June 2016.
Exhibit E.  Memorandum, AFPC/DP2SSM, dated 28 July 2016.
Exhibit F.  Letter, AFBCMR, dated 13 December 2016.
Exhibit G.  Letter, Applicant, dated 8 January 2017, 
  w/atchs.
Exhibit H.  Memorandum, Minority Report, digitally signed 
  15 November 2017.

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.