RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01874 

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to coincide with his legally changed name. 

APPLICANT CONTENDS THAT:

He is a transgender man who legally changed his name in June 2011.  As evidence, he provides a name change order, a copy of his driver’s license and Social Security Card.  He believes the appearance of his old name reflected on his DD Form 214 is an injustice because it reveals his transgender status each and every time he shows his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 6 Jan 77.

On 31 Aug 78, the applicant was furnished an honorable discharge and was credited with 1 year, 7 months, and 25 days of active service. 

A County Circuit Court order, dated 16 Jun 11, directed the applicant’s name be changed.
	
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E.    

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  The applicant’s DD Form 214 reflects the correct name at time of discharge.  After further review of the applicant’s official military personnel file, it has been determined that the applicant enlisted, served and was discharged under the same name that appears on the DD Form 214.

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

AFPC/DP2STM recommends denial, noting that at the time of discharge the applicant’s name was accurately recorded.  Governing directives do not provide authority to alter a DD Form 214 based on a legal name change that occurred after the effective date of the DD Form 214 and not during the period of recorded military service.  The court document provided by the applicant shows a 16 Jun 11 name change, while the DD Form 214 shows separation from the Air Force on 31 Aug 78.

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

AFPC/JA recommends disposing of this application consistent with guidance issued to the Air Force Board for Correction of Military Records (AFBCMR) by SAF/MR.  This would result in a change to the DD Form 214 if the AFBCMR concludes that on the facts of this case the current name on the applicant’s DD Form 214 is an injustice.  

It is true the governing instruction states, “Do not correct records of former Airmen to show name changes occurring after discharge.”  However, the SAF/MR memorandum 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.  Specifically, SAF/MR contemplated situations wherein applicants who are transgender may meet the burden of showing an injustice if presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.

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.  Nevertheless, the applicant has provided adequate proof of a legal name change, through an Order Changing Name (Individual) from the King County (Washington) District Court.  The relief requested is relatively limited and is tailored to spare the applicant the need to explain his personal history to whomever he must present his DD Form 214.  The applicant has thus provided information similar to that described in the SAF/MR memorandum.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 7 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 his DD Form 214.  Although the applicant’s DD Form 214 was technically correct at the time it was issued, we concur with the opinion of AFPC/JA summarized above.  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 the 31 August 1978 discharge, be declared void, a new DD Form 214 be issued to reflect the 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-2016-01874 in Executive Session on 21 September 2017 under the provisions of AFI 36-2603:

	Mr. Gregory A. Parker, Panel Chair
	Ms. Melanie G. Thoens, Member
	Mr. Kevin A. Doherty, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01874 was considered:

	Exhibit A.  DD Form 149, dated 30 Apr 16, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 8 Aug 16.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 21 Nov 16.
	Exhibit E.  Memorandum, AFPC/JA, dated 22 Nov 16.
	Exhibit F.  Letter, AFBCMR, dated 7 Dec 16.