RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03272

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 16 Sep 63, be changed to coincide with his corrected birth certificate dated 20 Jan 84.

APPLICANT CONTENDS THAT:

His original birth certificate was incorrect, resulting in him enlisting and serving in the Air Force with the wrong name.  He wants his DD Form 214 to reflect his correct name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Sep 59.

On 16 Sep 63, the applicant was honorably discharged, having served four years of active service.

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 recommends denial.  AFI 36-2608, Military Personnel Records System, Table A7.3, states “Do not correct records of former Airmen to show name changes occurring after discharge.”  The applicant enlisted, served, and was discharged under the name listed on his DD Form 214, issued 16 Sep 63.  The complete advisory is at Exhibit D.  

AFPC/JA recommends denial.  The applicant served from 17 Sep 59 until 16 Sep 63.  His DD Form 214, as well as all other documents in his military record, reflect the same name that he is now requesting be changed.  The applicant has failed to provide a signed and authenticated court order that was originally contemplated in the Assistant Secretary’s memo and that has become the standard looked for by the board in other cases requesting a name change to the DD 214.  In addition, the applicant has failed to demonstrate that allowing the DD 214 to remain uncorrected would constitute an injustice.  The complete advisory is at Exhibit E.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 22 Aug 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

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 not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and AFPC/JA, and finds the applicant has failed to provide a signed and authenticated court order legally changing his name, and he failed to demonstrate that allowing the DD 214 to remain uncorrected would constitute an injustice.  The Board also notes 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, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.
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 Docket Number BC-2016-03272 in Executive Session on 16 Oct 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 5 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 18 Oct 16, w/atch.
Exhibit D:	Advisory, AFPC/DP2SSM, dated 4 Nov 16.
Exhibit E:	Advisory, AFPC/JA, dated 20 Aug 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Aug 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.