RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02540

XXXXXXXXXXXXXXXXXXX	COUNSEL: NONE

XXXXXXXXXXXXXXXXXXX	HEARING: NO

APPLICANT’S REQUEST.  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’S CONTENTION.   Presenting the DD Form 214 with her former name reveals her transgender status and represents and ongoing pattern of injustice.  In support of her request, the applicant provides copies of a court ordered name change and a birth certificate, which reflect her legally changed name and gender.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS.  The applicant was honorably discharged after serving in the Regular Air Force from 2007-2012.  For more information, see the excerpt of the applicant’s record at Exhibit B, the SAF/MR guidance at Exhibit C, and the advisory at Exhibit E.

AIR FORCE EVALUATION.  SAF/MR Memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 March 2015, states that 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.  However, the Board may choose to depart from this precedent when the facts, the equities, or both can be distinguished from past denials, and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  
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 7 June 2017, 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 (AFI) 36-2608, Military Personnel Records System, states that a name change that occurred after discharge should not be corrected.  A complete copy of the AFPC/DP2SSM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:  A copy of the Air Force evaluation was forwarded to the applicant on 20 October 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:

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 the victim of an injustice.  While the Board notes the comments of AFPC/DP2SSM indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  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 her 16 June 2012 separation be declared void and a new DD Form 214 be issued to reflect the applicant’s name in Block 1.

CERTIFICATION: The following quorum of the Board, as defined in AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-02540 in Executive Session on 22 March 2018:

, Chair
, Panel Member
, Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 21 June 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Memorandum, SAF/MR, dated 9 March 2015
Exhibit D: Letter, SAF/MRBC, dated 7 June 2017
Exhibit E: Advisory Opinion, AFPC/DP2SSM, dated 15 June 2017.
Exhibit F:  Notification of Advisory, SAF/MRBR to applicant, dated 20 October 2017.

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