RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05134

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 5 May 99, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

His DD Form 214 needs to be amended to reflect his name change as it is crucial for him and his family receiving and accessing benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 5 May 99, the applicant was discharged under the name [MJD].  He was furnished an honorable discharge and credited five years, two months and eight days.

By court order dated 16 Dec 16, the applicant’s name was legally changed.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and E.

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.

The complete advisory is at Exhibit C

AFPC/DP2SSM recommends denying the application. AFI 36-2608, Military Personnel Records System, prohibits name changes of former service members occurring after discharge. 

The complete advisory is at Exhibit D.

AFPC/DP2STM recommends denying the application.  The governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) state the DD Form 214 will “provide an accurate and complete summation of active military personnel service.”  Furthermore, the governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service.  The applicant’s name at the time of discharge was accurately recorded.  Lastly, the effective date of the name change is after the effective date of the period of service recorded on the DD Form 214.

The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 4 Oct 17 and 26 Apr 18 for comment (Exhibit F), 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 concurs with the rationale and recommendation of offices of primary responsibility and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  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.

The application was adjudicated without a personal appearance.

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-2016-05134 in Executive Session on 31 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MR, dated 9 Mar 15.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 26 Mar 18
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 26 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Oct 17 and 
		26 Apr 18.

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