RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03349 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to read “XXXX” rather than “XXXX” and “XXXX” rather than “XXXX”. APPLICANT CONTENDS THAT: The applicant’s name and gender has changed since being discharged from the service. The applicant has always been and felt as the opposite gender because of being born transgendered. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 18 February 2003. On 17 March 2004, according to AFPC/DPPDS, officials within the office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to military service and directed discharge without disability benefits, effective 10 May 2004. On 5 March 2008, a Decree Changing Name was considered and granted by the Superior Court of California, County of San Bernardino Rancho Cucamonga District, which reflects the applicant’s name was changed. On 7 April 2008, in accordance with documentation provided by the applicant, sex reassignment surgery (SRS) was performed. On 21 July 2008, an Order For Change of Gender and Issuance of New Birth Certificate, was issued by the aforementioned court, which reflects the court ordered a new birth certificate reflecting a change of gender. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C and E. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. Air Force Instruction 36-2608, Military Personnel Records System, indicates the records of a former member are not to be corrected unless evidence proves the name used while serving with the Air Force was erroneously recorded. A review of the applicant’s records revealed enlisted service, and discharge under the applicant’s former name. The court order provided by the applicant indicates a name change after his period of service. Therefore, it does not appear that the Air Force erroneously recorded the applicant’s name. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, they are unable to amend the applicant’s military record after the fact. There is no statutory guidance that provides direction for correcting military records to reflect a change in gender. However, using the same rationale applied to the name change, a review of the applicant’s records revealed an enlistment, service, and discharge under the applicant’s former gender. Since the doctor’s letter states a SRS was performed on 7 April 2008, which is after the applicant’s period of service, it does not appear the Air Force erroneously recorded the applicant’s gender. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. SAF/MR provided a memorandum of guidance with regard to name changes. The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s statutory authority under 10 U.S.C. § 1552, where there is error or injustice. Specifically, the memorandum notes that the DD Form 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. 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. A complete copy of the SAF/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 6 February 2015 and 25 March 2015 for review and comment within 30 days (Exhibits D and F). As of this date, no response has been received by this office. 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Principal Deputy Assistant Secretary for Manpower and Reserve Affairs (SAF/MR) and adopt his rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. In this respect, we believe that should the applicant be required to present a DD Form 214 with the former name to external audiences, the applicant’s circumstances would require disclosure or 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, we note the applicant has provided sufficient evidence of a formal name change by an authorized court order. Therefore, we find the evidence presented is sufficient to recommend the applicant’s name be changed and recommend the record be corrected as indicated below. 4.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s records to reflect a change in gender. 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. In this respect, since the applicant will be issued a new DD Form 214 due to our recommendation to correct the name change and the new DD Form 214s no longer contain a gender block, there is no basis to recommend granting this portion of the applicant’s request. THE BOARD RECOMMENDS THAT: The applicant’s original DD Form 214, Certificate of Release or Discharge from Active Duty, be removed, and a new DD Form 214 be issued to reflect the current name in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2014-03349 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 12 August 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 6 October 2014. Exhibit D.  Letter, SAF/MRBR, dated 6 February 2015. Exhibit E.  Memorandum, SAF/MR, dated 9 March 2015. Exhibit F.  Letter, SAF/MRBR, dated 25 March 2015, w/atch.