RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2016-02529
		
XXXXXXXXXXXXXXX				COUNSEL:  NONE

XXXXXXXXXXXXXXX				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Her former [traditionally male] name will disclose her transgender status.  This represents an injustice due to the social stigma and discrimination that transgender people face.  Her current DD Form 214 with her former name reveals her transgender status every time she must present the form, effectively rendering an on-going pattern of injustice.  This injustice can be easily and effectively remedied by issuing a corrected DD Form 214 that lists her current legal name.

The applicant provided copies of the following documents as evidence of her gender transition: an affidavit dated 20 May 2015 from her treating physician, certifying she completed gender transition; court-ordered name change dated 29 May 2015; a Certificate of Live Birth, dated 26 June 2015; a social security card; and a state-issued driver’s license, all showing her legally changed name and gender.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 21 July 1993.

On 19 February 1996, the applicant was released from active duty with an honorable character of service, transferred to the Air Force Reserve, and was credited with 2 years, 6 months, and 29 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility, which are included at Exhibits E, F and G.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records [AFBCMR], dated 9 March 2015, 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 AFBCMR 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.  However, in addition to the evidence of injustice, the AFBCMR should require proof that the applicant's name was legally changed.

A complete copy of the SAF/MR guidance is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MR guidance was forwarded to the applicant on 9 September 2016, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of an error or injustice.  Air Force Instruction 36-2608, Military Personnel Records System, states, “Do not correct records of former members to show name changes occurring after discharge.”  The applicant enlisted, served, and was discharged under the name reflected on her DD Form 214.

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

AFPC/DP2STM recommends denial.  According to DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation Documents, the DD Form 214 is used to provide an accurate and complete summation of active military service at the time of a member’s discharge.  The applicant’s name change occurred after the effective date of the DD Form 214.  Therefore, her name was accurately recorded at the time of her discharge.

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

AFPC/JA recommends disposing of this application consistent with governing guidance issued to the Board 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 214 is 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 AFI 36-2608, Military Personnel Records Systems, a name change such as that requested by the applicant would not be permitted.  Nevertheless, the applicant has provided adequate proof of a court-ordered legal name change.  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.  The applicant has presented information similar to that described in the 9 March 2015, SAF/MR memorandum. 

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

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 December 2016, for review and comment within 30 days (Exhibit H).  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 her 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.  We further find the applicant’s birth certificate, physician’s affidavit and other government and state issued credentials, which reflect her name change, are sufficient proof that her name was legally changed.  In view of the foregoing, we recommend the applicant’s records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 19 February 1996 separation, 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-2016-02529 in Executive Session on 15 February 2018, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

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

Exhibit A.  DD Form 149, dated 2 March 2016, w/atchs.
Exhibit B.  Master Personnel Records-Pertinent Extracts.
Exhibit C.  Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D.  Letter, SAF/MRBC, dated 9 September 2016.
Exhibit E.  Memorandum, AFPC/DP2SSM, dated 17 October 2016.
Exhibit F.  Memorandum, AFPC/DP2STM, dated 16 December 2016.
Exhibit G.  Memorandum, AFPC/JA, dated 20 December 2016.
Exhibit H.  Letter, SAF/MRBC, dated 29 December 2016.

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 pertaining to AFBCMR Docket Number BC-2016-02529.