RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05113

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 19 Sep 14, 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 and gender.  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 is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 18 Aug 16, according to documentation provided by the applicant, the Broward County Circuit Court, Florida, ordered the applicant’s name be changed.

On 29 Aug 16, according to documentation provided by the applicant, his physician declared that the applicant has had the appropriate clinical treatment for gender transition to male.

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

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.

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, the Board concludes the applicant is the victim of an injustice. Pending update of DODI 1336.01 to allow administrative correction of the DD Form 214 without action of the Board, and based on recommendations from the Office of the Secretary of Defense Separations Standardization Working Group, the Board has established a precedent of granting requests for post-service name changes under the following conditions: (1) the applicant’s name was changed as part of a transgender transition or the applicant is seeking to revert to a maiden name or the name under which he or she entered service; (2) the change is supported by a court order, a divorce decree, or birth certificate (True Copy Raised Seal or Notarized); (3) the change is made only to the DD Form 214; and (4) the Board has not already granted a post-service name change for the applicant.  In the present case, the Board finds the applicant has met the criteria noted above.  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 19 September 2014 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-2016-05113 in Executive Session on 20 Nov 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, received 29 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 27 Sep 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.