RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02995

KAY E. KENSINGTON				COUNSEL: NONE

							HEARING: 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:

In AFBCMR Docket Number BC-2003-04051, the Board found the original DD Form 214 was a hindrance to the applicant should she be required to provide documents to a servicing facility.  She is requesting relief pursuant to AFBCMR Docket Number BC-2003-04051.  In support of her request, she provides a court order showing she changed her name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 14 Oct 06, the applicant was furnished an honorable discharge.  On 4 Sep 14, according to documentation provided by the applicant, a superior court judge, ordered the applicant’s name be changed.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and E.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the Board 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 Board 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 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.  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 constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only 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 guidance is at Exhibit C.

AFPC/DP2SSM recommended denying the application.  According to AFI 36-2608, Military Personnel Records System, Table A7.3, “Do not correct records of former Airmen to show name changes occurring after discharge.”  The applicant enlisted, served and was discharged under the name he has requested to be changed.  The complete advisory is at Exhibit D.

AFPC/JA recommended disposing of the application consistent with governing guidance issued to the BCMR by SAF/MR.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The board sent copies of the Air Force evaluations to the applicant on 11 Jan 18 for comment (Exhibit F), but has received no response. 

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.  The applicant’s certified court order reflect her name change, constitute sufficient proof that her name was legally changed.  Under these circumstances, should the applicant be required to present her DD Form 214 with her former name to external audiences, she would be exposed to needlessly intrusive questions about her personal history.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 14 October 2006 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.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered AFBCMR Docket Number BC-2016-02995 in Executive Session on 9 May 18:

Panel Chair
Panel Member
Panel Member

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 18 Jul 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Memorandum, SAF/MR, dated 9 Mar 15
Exhibit D:  Advisory, AFPC/DP2SSM, dated 17 Oct 16.
Exhibit E:  Advisory, AFPC/JA, dated 16 Aug 17.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 11 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for AFBCMR Docket Number BC-2016-02995.