RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02104

						COUNSEL:  
						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His name on his DD Form 214, Report of Separation from Active Duty, be changed.  

APPLICANT CONTENDS THAT:

For years he has gone by his nickname.  He recently had to show proof of his military service but unfortunately his DD Form 214 reflects his given name.  He legally changed his first name per the court decree provided.  Every document, to include his home mortgage, credit cards and other loans are listed under the changed name.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 25 May 1970 and was released from active duty on 4 March 1974.  He was credited with 3 years, 9 months and 10 days of active duty service.  

The applicant provides a court decree for change of name issued by the Superior Court of California, County of Fresno on 2 August 2013 as evidence of the legal change of his first name.  

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:

A copy of the SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, was provided to the applicant on 25 July 2016.  The SAF/MR memorandum 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.  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.  

ADDITIONAL AIR FORCE EVALUATION:  

AFPC/DP2SSM recommends denial.  The documentation provided is not sufficient to support the applicant’s claim.  The documentation does not prove there is any evidence of an error or injustice.  However, DP2SSM cannot make the determination without reviewing the applicant’s master personnel record (MPR).  

AFI 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 did not provide a copy of his DD Form 214 nor was his MPR provided for DP2SSM to make an informed decision.

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

In an additional evaluation, AFPC/DP2SSM recommends denial.  The evidence, DD Form 214, reflected in the applicant’s MPR reflects his correct name at the time of his discharge.  The applicant enlisted, served and was discharged with the name as reflected on his DD Form 214.  AFI 36-2608, states, “Do not correct records of former airmen to show name changes occurring after discharge.”  

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 6 June 2017 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note the applicant requests his DD Form 214 be corrected to reflect the legal change of his first name; however, we are persuaded the applicant’s DD Form 214 is correct in accordance with Air Force instructions as he enlisted, served and was discharged with the name currently reflected on his DD Form 214.  Furthermore, we are persuaded the applicant has not demonstrated that allowing the DD Form 214 to remain uncorrected would result in an injustice.  In view of the above, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has not sustained his burden of proof that he has been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-02104 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02104 was considered:

	Exhibit A.  DD Form 149, dated 15 May 2016, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 25 July 2016, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 29 July 2016.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 21 February 2017.
	Exhibit F.  Letter, AFBCMR, dated 6 June 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.