RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-03214

							COUNSEL: NONE

							HEARING: 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:

Disclosure of his former name reveals his transgender status, which creates an injustice due to the social stigma and discrimination transgender people face.  Every time he shows his DD Form 214, it reveals his transgender status.  This injustice can be remedied by issuing a new DD Form 214 listing his current name and gender.  In support of his request, he provides a court order showing he changed his name, a letter from his doctor outlining he has had appropriate clinical treatment for gender transition, and copies of Certificate of Birth, passport and driver’s license reflecting his current name and gender.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 22 Feb 94, the applicant was furnished an honorable discharge.  

On 20 Nov 01, according to documentation provided by the applicant, a civil court judge, ordered the applicant’s name be changed.  

On 6 Jun 16, according to documentation provided by the applicant, his physician declared that the applicant has had the appropriate clinical treatment for gender transition to male. 

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.

AFPC/DP2STM recommended denying the application.  According to DoDI 1336.01 and AFI 36-3202, Separations Documents, the name on the DD Form 214 will match the name entered on the enlistment contract.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 May 17 for comment (Exhibit G), and the applicant replied on 24 May 17.  The applicant contends if the Board should choose not to issue him a corrected DD Form 214 reflecting his legally changed name and gender that it would result in an injustice to him and he may continue to be systematically denied access to benefits, services, and preferences. The applicant points out that the Board’s policy that a DD Form 214 cannot be changed because, like a birth certificate, it is a historical document that records facts at the time it is issued is contrary to the policies of 47 states and other agencies of the federal government with respect to similar historical documents.  Additionally, the applicant stated 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 and concluded that it had the legal authority to issue an additional DD Form 214, reflecting the change in name.  The applicant provided a personal letter, copies of Department of Veterans Affairs Certificate of Eligibility and eBenefits Profile that reflect his former name.  The applicant’s complete response is at Exhibit H.

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

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 and government-issued identification, which reflect his name change, constitute sufficient proof that his name was legally changed.  Under these circumstances, should the applicant be required to present his DD Form 214 with his former name to external audiences, he would be exposed to needlessly intrusive questions about his 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 22 February 1994 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-2016-03214 in Executive Session on 30 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 3 Aug 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 31 Oct 16.
Exhibit E:  Advisory, AFPC/JA, dated 13 Apr 17.
Exhibit F:  Advisory, AFPC/DP2STM, dated 17 Apr 17.
Exhibit G:  Notification of Advisory, SAF/MRBC to applicant, dated 8 May 17.
Exhibit H:  Applicant’s response, dated 24 May 17.

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-2016-03214.