RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02295

(b) (6), (b) (7)(C) 	

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:
She is a transgender veteran. She believes it is imperative her name be changed because when she has to show proof of being a veteran, she would have to show her DD Form 214 that reflects her old name, which would be an injustice because it reveals her transgender status.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 10 Aug 04.

On 29 Jul 14, the applicant was furnished an honorable discharge, and was credited with 9 years, 11 months, and 20 days of active service.

According to the Eighteenth Judicial District Court Order, dated
28 Sep 15, the applicant’s name was directed to be changed.
According to the SAF/MR memorandum, dated 9 Mar 15, it 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

(b) (6), (b) (7)(C) 	

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.

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 Exhibits D and E.

AIR FORCE EVALUATION:
AFPC/DP2STM recommends denial. The evidence submitted in the form of applicant’s DD Form 214 reflects her 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 as is reflected on her DD Form 214. In addition, DP2STM recommend the applicant’s request be forwarded to the appropriate office for final consideration to update her DD Form 214 as their office is not the deciding entity for updating the DD Form 214.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.
AFPC/JA recommends disposing of this application consistent with governing 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 BCMR concludes that on the facts of this case the current name on the applicant’s DD Form 214 is an injustice. On 28 Sep 15, the applicant had her name legally changed.

The governing instructions states, “Do not correct records of former Airmen to show name changes occurring after discharge.” Moreover, pursuant to AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 4.1, the applicant has the burden of providing sufficient evidence of material error or injustice. However, the SAF/MR memorandum referenced above 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 the applicants’ presentation of a DD Form
214 that lists an old name effectively requires them to explain their personal history that they find needlessly intrusive and thus an injustice.

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. According to the plain language of the governing instructions, a name change such as that requested by  the applicant would not be permitted. Nevertheless, the applicant has provided adequate proof of a legal name change, through a Decree and Order of Change of Name by the State of Illinois. The relief requested is relatively limited and is tailored to spare the applicant the need to explain her personal history to whomever the DD Form 214 is presented. In our view, the applicant has presented information similar to that described in the SAF/MR memorandum.

A complete copy of the 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 27 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 the DD Form 214. Although the applicant’s DD Form 214 was technically correct at the time it was issued, it is our opinion that should the applicant be required to present her DD Form 214 with her former name to external audiences, the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive. Therefore, we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice. Further, we find the  applicant’s certified court order which reflect her name change, provide sufficient proof that her name was legally changed. 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 29 July 2014 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-2016-02295 in Executive Session on 16 Nov 17 under the provisions of AFI 36-2603:

(b) (6), (b) (7)(C)		
(b) (6), (b) (7)(C)	,	
(b) (6), (b) (7)(C)	

, Chair
Member
, Member
All members voted to correct the records as recommended. The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 1 Jun 16, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.	Memorandum, AFPC/DP2STM, dated 5 Dec 16. Exhibit E.	Memorandum, AFPC/JA, dated 20 Dec 16.
Exhibit F. Letter, AFBCMR, dated 27 Dec 16.
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.

 X 	
(b) (6), (b) (7) 	 (CChi)ef Examiner,  AFBCMR