RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02429

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:
After leaving the military, he had his name changed twice and would like his military records to reflect his present name.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 27 Oct 89.
On 9 Feb 04, the applicant was furnished an honorable discharge, and was credited with 14 years, 3 months, and 12 days of active service.

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 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 memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and E.

AIR FORCE EVALUATION:
AFPC/DP2SSM recommends denial. The evidence submitted in the form of applicant’s DD Form 214 reflects his correct name at the 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 his DD Form 214. In addition, they recommend that the applicant’s request be forwarded to the appropriate office for final consideration to update his DD Form 214 as their office is not the deciding entity for updating the DD Form 214.
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.
AFPC/DPSTM-214 recommends denial. The name change is after the effective date of the DD Form 214. Separation date from Air Force was 4 February 2004 and the applicant states his name was not changed till 29 November 2011 (per court document provided by the applicant).

By way of background, Governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) state the DD Form 214 will “provide an accurate and complete summation of active military personnel service.” At the time of discharge, the applicant’s name was accurately recorded. Governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the closeout date of the document and did not occur during the period of recorded military service. The effective date of the name change is after the effective date of the period of service recorded on the DD Form 214. The application of this directive is across all branches of service.
A complete copy of the AFPC/DP2STM-214 evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 19 Dec 16 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:
Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records. Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application. Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-02429 in Executive Session on 16 Nov 17 under the provisions of AFI 36-2603:

, Chair
, Member
, Member

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02429 was considered:

Exhibit A. DD Form 149, dated 7 Jun 16, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D.	Memorandum, AFPC/DP2SSM, dated 7 Sep 16. Exhibit E.	Memorandum, AFPC/DP2STM-214, dated 30 Nov 16. Exhibit F.	Letter, AFBCMR, dated 19 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 (
11/30/2017

Chief Examiner, AFBCMR
   Signed by

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974