RECORD OF PROCEEDINGS

N THE MATTER OF:	DOCKET NUMBER: BC-2016-04727

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

AKA XXXXXXXXXXXXXXXX	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 an ongoing pattern of injustice.  In support of her request, the applicant provides copies of a court ordered name change, birth certificate, and other state and government issued identification 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 2005-2015.  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.  For more information, see the excerpt of the applicant’s record at Exhibit B, and the advisories at Exhibits C and D.

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 C.

AFPC/JA recommends disposing this application consistent with governing guidance issued to the Board by SAF/MR.  This would result in a change to the DD Form 214 if the BCMR concludes that on the facts of this case the current name on the applicant’s DD 214 is an injustice.  The name found on the applicant’s DD Form 214 correctly reflects the name at the time of discharge from the Air Force – it is not erroneous.  According to the plain language of AFI 36-2608, a name change such as that requested by the applicant would not be permitted.  Nevertheless, the applicant has provided adequate proof of a court ordered legal name change.  The relief requested is relatively limited and is tailored to spare the applicant the need to explain her personal history to whomever the DD Form 214 is presented.  The applicant has presented information similar to that described in the 9 March 2015, SAF/MR memorandum. 

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:  The Board sent a copy of the Air Force evaluation to the applicant on 23 January 2018 for comment (Exhibit G), 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.  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 1 January 2015 separation be declared void and a new DD Form 214 be issued to reflect the applicant’s 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 reissued.

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-2016-04727 in Executive Session on 29 March 2018:

, Panel 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 6 August 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory Opinion, AFPC/DP2SSM, dated 28 August 2017.
Exhibit D: Advisory Opinion, AFPC/JA, dated 22 January 2018.
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 23 January 2018.

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