RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00457 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her official records, including her DD Forms 214, Certificate of Release or Discharge from Active Duty and retirement order be updated to reflect her name and gender change. APPLICANT CONTENDS THAT: She submitted AF IMT 281, Notification of Change in Service Member’s Official Records, and the Air Reserve Personnel Center (ARPC) advised her that a copy of the AF IMT 281 would be placed in her records. However, her records would not be updated to reflect her name and gender change. She recently learned that her records could be changed to reflect her current name and gender. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Reserve Order EL-4084 dated 12 May 2009, placed the applicant on the Air Force Retired List in the grade of chief master sergeant (E-9) effective 13 June 2009. AF Form 281 dated 2 June 2011, indicates a name change was completed under the provisions of AFI 36-2608, Military Personnel Records System, and a court order granting the change of name. The applicant’s name was officially changed in the Defense Enrollment and Eligibility Reporting System (DEERS) via DD Form 1172-2, Application for Identification Card/DEERS Enrollment, dated 13 April 2015. According to the Automated Records Management System, the applicant’s record contains DD Forms 214 for the following periods: 1 August 1970 to 28 November 1970 8 October 1983 to 22 October 1983 7 August 1987 to 21 August 1987 5 September 1995 to 25 September 1995 27 February 1999 to 17 March 1999 On 25 April 2014, the Department of Defense (DoD) approved an exception to policy (ETP) for Air Reserve Components (ARC) to issue a single cumulative DD Form 214 to document periods of active duty service by ARC members, who are ordered to active duty in direct support of contingency operations. The OSD/P&R ETP was approved with two conditions: 1. Document all Active Duty periods and the contingency operations supported during each Active Duty Period, in Block 18, Remarks, or on DD 214C Continuation Sheet. 2. The type separation, character of service, separation authority, separation code, reentry code and narrative reason for separation must be identical for all of the active duty periods being documented on a cumulative DD Form 214; otherwise the cumulative DD Form 214 is not authorized. The Air Force Guidance Memorandum also states contingency and non-contingency periods of active duty can be documented on a single cumulative DD form 214 provided certain conditions are noted on the DD Form 214. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTS recommends denial of the applicant’s request to change her name and gender on her retirement order and other military records. AFI 36-2608, Table A7.3, Note 5 states “Do not correct records of former members unless evidence proves the name used while serving with the Air Force was erroneously recorded.” Therefore, her record, to include her retirement order, should not be corrected. To approve her request would be contrary to the Department of Defense, Air Force and SAF/MR guidance. Notwithstanding the above, DPTS recommends approval of changing the applicant’s DD Forms 214 based on SAF/MR, Guidance, which states that a member's DD Form 214 can be changed to prevent them from explaining their name and gender change to post service audiences. The memorandum is an advisory only and is not intended to predetermine outcomes or otherwise restrict the Board’s statutory authority under Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto, 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 Board 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 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214. ARPC/DPTS further recommends that the applicant’s DD Forms 214 be combined on a cumulative DD Form 214. A complete copy of the ARPC/DPTS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 June 2015, a copy of the Air Force evaluation was forwarded to the applicant 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 name and gender on the documents in her master personnel records. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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 to warrant changing the applicant’s name on her DD Forms 214. Although the applicant’s DD Forms 214 were technically correct at the time they were issued, it is our opinion that should the applicant be required to present her DD Forms 214 with her former name to external audiences; the applicant’s circumstances would require her to disclose personal history that is needlessly intrusive. Therefore we believe allowing the applicant’s DD Forms 214 to remain uncorrected would constitute an injustice. We note the OPR recommends the applicant’s DD Forms 214 be combined into one DD Form 214. However, the applicant’s DD Forms 214 do not meet the ETP criteria to issue a single cumulative DD Form 214. Specifically, the separation authority is not identical for all active duty periods. We further find that the applicant’s AF Form 281 and official name change in DEERS is sufficient proof that her name was legally changed. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the DD Forms 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the following periods of service be declared void and new DD Forms 214 be issued reflecting the applicant's new name in Block 1: 1 August 1970 to 28 November 1970 8 October 1983 to 22 October 1983 7 August 1987 to 21 August 1987 5 September 1995 to 25 September 1995 27 February 1999to 17 March 1999 The following members of the Board considered AFBCMR Docket Number BC-2015-00457 in Executive Session on 1 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. Due to the unavailability of -------, -------- will sign as Acting Panel Chair. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00457 was considered: Exhibit A. DD Form 149, dated 30 January 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTS, dated 13 April 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 June 2015.