RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02047

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His legal name be changed on his military records and his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

He was informed during the security clearance briefing at Minot AFB that he had used an alias while in the military, and it was not brought up during basic military training, or in-processing at his first duty station.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 28 Mar 16, the applicant was discharged from the Air Force as a senior airman.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and 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 Board 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 Board 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 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 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 constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.

AFPC/DP2SSM recommended denying the application.  According to AFI 36-2508, Military Personnel Records System, Table A7.3, “Do not correct records of former Airmen to show name changes occurring after discharge.”  The applicant enlisted, served and was discharged under the name he has requested to be changed.  The complete advisory is at Exhibit D.

AFPC/DP2STM recommended denying the application.  According to AFI 36-3202, Separations Documents, the name on the DD Form 214 will match the name entered on the enlistment contract.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The board sent a copy of the Air Force evaluation to the applicant on 27 Dec 16 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered AFBCMR Docket Number BC-2016-02047 in Executive Session on 3 Apr 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  DD Form 149, w/atchs, dated 6 Sep 16.
Exhibit B:  Excerpts from Personnel Records.
Exhibit C:  Memorandum, SAF/MR, dated 9 Mar 15
Exhibit D:  Advisory, AFPC/DP2SSM, dated 10 Nov 16.
Exhibit E:  Advisory, AFPC/DP2STM, dated 16 Nov 16.
Exhibit F:  Letter, AFBCMR, dated 27 Dec 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.