RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05885 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflected her current name and gender. APPLICANT CONTENDS THAT: She has been dysphoric since birth and had surgery in 1975. Her external anatomy is female. All her records were changed to reflect female except for the DoD records. She is using the Veterans Affairs (VA) Health system and changing the records would simplify things. In support of her requests, the applicant provides copies of her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; birth certificate, probate court orders, driver’s license, passport and various other documents associated with her appeal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Her DD Form 4, Enlistment Record – Armed Forces of the United States, dated 15 Sep 66, and her DD Form 214, issued in conjunction with her 14 Sep 70 discharge, reflects that she enlisted, served and was discharged as a male. According to court orders provided by the applicant, she had three name changes. On 24 Mar 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, was forwarded to the applicant in order to comply with 10 U.S.C. §1556. Specifically, the memorandum notes that the DD 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference. However, any such name change should be limited only to the DD Form 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases. The AFBCMR should require proof that the applicant's name was legally changed. A signed and authenticated court order should be required. Further, the correction should be to the DD Form 214 and for the limited purposes of mitigating an injustice caused by use of the DD Form 214. AIR FORCE EVALUATION: AFPC/DPSIPP recommends denial. AFI 36-2608, Military Personnel Records System, states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” All of the court ordered name changes occurred after the applicant’s period of service; therefore, it does not appear the Air Force erroneously recorded the applicant’s name. A review of the applicant’s records revealed the applicant enlisted, served and was discharged as a male. Since the revised birth certificate was dated 6 Nov 75, which was after the applicant’s period of service, it does not appear the Air Force erroneously recorded the applicant’s gender. The complete DPSIRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Mar 14, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s gender from male to female. We note the SAF/MR memorandum dated 9 March 2015, states that corrections to the DD Form 214 should be for the limited purposes of mitigating an injustice caused by use of the DD Form 214. However, given that her DD Form 214 makes no reference to her gender, we find no evidence of an error or injustice in this case. Therefore, we agree with the opinion and recommendation of the Air Force Office of Primary Responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request to change her name. In this respect, we note DPSIRP recommends denial and states the applicant’s court ordered name changes all occurred after the applicant’s period of service. However, it is our opinion that should the applicant be required to present her DD Form 214 with her former name to external audiences, the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive. As such, we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice. Further, the applicant has provided photocopies of authenticated court orders, passport, driver’s license and a Medicare health care insurance card that reflects her current name. Therefore, we find the evidence presented is sufficient to recommend her name be changed. Accordingly, we recommend her records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be declared void, and a new DD Form 214 be issued to reflect the applicant’s name in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2013-05885 in Executive Session on 23 Apr 15, under the provisions of AFI 36-2603: Panel Chair Member Member All members of the panel voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05885 was considered: Exhibit A. DD Form 149, dated 20 Dec 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 5 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14. Exhibit E. Letter, SAF/MR, dated 9 Mar 15. Exhibit F. Letter, SAF/MRBR, dated 24 Mar 15.