RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01783

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Report of Separation from the Armed Forces of the United States, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

His name was legally changed.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214 he served from 8 October 1963 through 31 January 1967. 

A County Circuit Court order dated 11 March 1970, directed 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 (OPR), which are attached at Exhibits 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 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.

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.

A review of the military personnel records revealed the applicant enlisted, served and was discharged under the name reflected on his DD Form 214.

The governing Air Force instruction states do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.

DP2SSM recommends that the applicant’s request be forwarded to the appropriate office for final consideration to change his DD Form 214 as this office is not the deciding entity.

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

AFPC/DP2STM recommends denial indicating there is no evidence of an error or injustice.

The governing directives states the DD Form 214 will provide an accurate and complete summation of the active military personnel service.  In addition, the governing directives 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 recorded military service.

At the time of discharge, the applicant’s name was accurately recorded.  The effective date of the name change is after the effective date of the period of service recorded on the DD Form 214. 

A complete copy of the AFPC/DP2STM evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations and SAF/MR memorandum were forwarded to the applicant on 5 July 2016 and 14 February 2017, for review and comment within 30 days (Exhibits C, E and 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-01783 in Executive Session on 27 June 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01783 was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.  Letter, AFBCMR, dated 5 Jul 16.
Exhibit E.  Memorandum, AFPC/DP2SSM, dated 22 Jul 16.
	Exhibit F.  Memorandum, AFPC/DP2STM, dated 20 Sep 16.
Exhibit G.  Letter, AFBCMR, dated 14 Feb 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.