RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03379

XXXXXXXXXXXX.	COUNSEL:XXXXXXXXX
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 17 Feb 58, and his DD Form 256AF, Certificate of Honorable Discharge from the Armed Forces of the United States, be corrected to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

His name was not recorded in error.  In 1973, he and his family petitioned and was granted by the Superior Court of New Jersey to have the family legal surname changed to the original family name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an honorably discharged staff sergeant.

On 27 Apr 73, according to documentation provided by the applicant, the Superior Court of New Jersey, ordered the applicant’s name be changed.

Air Force policy does not authorize the correction of records of former airmen to show name changes occurring after discharge (AFI 36-2608, Military Personnel Records System, 5 Feb 18, Table A7.3).  In particular, if the name appearing on the DD Form 214 was correct at the time it was created, the AFI would not allow a correction, even to reflect a subsequent, legal name change.

For more information, see the excerpt of the applicant’s record at Exhibit B, and SAF/MR Name Change Guidance at Exhibit C.

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.  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.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Oct 16 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

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 not the victim of an error or injustice.  The Board finds the applicant has not established that presenting his DD Form 214 with the old name effectively requires a needlessly intrusive explanation of personal history.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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-2017-05152 in Executive Session on 15 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	SAF/MR Name Change Guidance, dated 9 Mar 15.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Oct 16.

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