RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02958
	
XXXXXXXXXX	COUNSEL: XXXXXXXXXXXX

	HEARING: NO

APPLICANT REQUESTS THAT:

She be reissued the DD Form 363AF, Certificate of Retirement and DD Form 2542, Certificate of Appreciation for Service in the Armed Forces of the United States, reflecting her current legal name.

APPLICANT CONTENDS THAT:

Due to unjust governmental discrimination against transgender people, she was not able to contemplate or undertake gender transition, including a name change, before or during her military service without fear of being disqualified for enlistment of other adverse consequences.  Her name is legally changed and the resulting inconsistency between her retirement documentation and other documents is an injustice by outing her as transgender and potentially subjecting her to harassment and discrimination.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major.  On 24 Sep 14, the Board granted the applicant’s request to amend her DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect her changed name.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  New retirement certificates are only provided when the original is lost or destroyed.  There is no provision that allows an adjustment to be made after the applicant has retired from active duty.  Accordingly, new retirement certificates are not provided when members get married or divorced and have changed their name after retirement from active service.  Additionally, there is no provision for replacing the DD Form 2542.  The complete advisory is at Exhibit  C.

SAF/MR outlines the past practice of the Board in name change cases and advises a course of action for future cases.  Previously, the Board rarely corrected a service member’s record if the name was correct at the time of separation.  However, SAF/MR suggests the Board may depart from that precedent when the facts and equities can be distinguished from past denials.  SAF/MR notes the DD Form 214 is designed for a post-service audience.  For instance, the form is used throughout a service member’s lifetime to provide proof of service, establish entitlement to various governmental programs, and to seek employment with organizations that grant a veteran’s preference.  Certain applicants—such as those seeking transgender name changes—would be subject to needlessly intrusive explanations of personal history each time the form is produced for such purposes.  Thus, it is reasonable to allow a single change to the DD Form 214 that would spare an applicant such an injustice.  The complete SAF/MR Memorandum 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 9 Sep 18 for comment (Exhibit E), 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, the Board concludes that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant has already received a correction to the DD Form 214 and that further corrections to other documents are not required to remedy an injustice, given the relief previously provided.  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.

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-2016-04682 in Executive Session on 15 Nov 18:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 8 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MR name change guidance 9 Mar 15.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Aug 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.