RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04853

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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 CONTENDS THAT:

Presenting the DD Form 214 with her former name reveals her transgender status and represents and ongoing pattern of injustice due to the social stigma and discrimination that transgender people face.  In support of her request, the applicant provides copies of an affidavit from her treating physician certifying she completed gender transition, and a court-ordered name change, which reflects 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 1983-1985.

On 26 October 2016, according to Final Decree of Name Change provided by the applicant, the Combined County and State court ordered the applicant’s name be changed.

On 1 December 2016, according to documentation provided by the applicant, her physician declared that the applicant has had the appropriate clinical treatment for gender transition to female.

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

AIR FORCE EVALUATION:

SAF/MR Memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 March 2015, s 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:

A copy of the SAF/MR guidance was forwarded to the applicant on 30 August 2017, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial.  According to DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation Documents, the DD Form 214 is used to provide an accurate and complete summation of active military service at the time of a member’s discharge.  The applicant’s name change occurred after the effective date of the DD Form 214.  Therefore, her name was accurately recorded at the time of her discharge.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 November 2017, for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.
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/DP2STM 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 23 December 1985 separation be declared void and 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 AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04853 in Executive Session on 12 April 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, w/atchs dated 15 November 2016.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D: Letter, SAF/MRBC, dated 30 August 2017.
Exhibit E: Advisory Opinion, AFPC/DP2STM, dated 17 October 2017.
Exhibit F: Notification of Advisory, AFBCMR to applicant, dated 2 November 2017.

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