RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04782

	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 discloses 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.  In support of his request, he provides a court order showing he changed his name and a letter from his doctor outlining he has had appropriate clinical treatment for gender transition.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former airman first class (E-3) who served in the Regular Air Force.

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

On 25 Jul 17, according to documentation provided by the applicant, the Superior Court of Gwinnett County, Georgia, ordered the applicant’s name be changed.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:  The Board sent a copy of the Air Force evaluation to the applicant on 20 Sept 17 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 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 THAT:

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 17 Oct 80 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 Docket Number BC-2016-04782 in Executive Session on 1 May 2018:

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

Exhibit A:	Applications, DD Forms 149, w/atchs, dated 16 Nov 2016 and 12 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 Mar 15
Exhibit D:	Letter, AFBCMR dated 7 Jun 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.