RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00568 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect a legal name change. APPLICANT CONTENDS THAT: The applicant’s gender was changed on 7 May 2004 and it was just discovered that a name change could be made to the DD Form 214. By making this change, corrected identification cards can be obtained for entry onto the various bases in the San Diego area. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 April 1957. On 14 April 1961, the applicant was furnished an honorable discharge, and was credited with four years of total active service. On 21 December 2004, a certificate of live birth in the state of California, provided by the applicant, reflects the requested name change. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which is included at Exhibits C. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial. Air Force Instruction 36-2608, Military Personnel Records System, indicates the records of 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 birth certificate provided by the applicant indicates a name change on 21 December 2004, which is after the applicant’s 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. A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C. On 2 October 2015, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 March 2015, that was provided in order to comply with 10 U.S.C. § 1556. 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. 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. A complete copy of the SAF/MR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 September 2015 for review and comment within 30 days (Exhibits 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 regarding the applicant’s request for a name change. We note that AFPC/DPSIRP recommends denial stating the birth certificate provided by the applicant indicates a name and gender change, dated 21 December 2004 which is after the applicant’s period of service. While there is no evidence indicating the applicant’s name was incorrectly recorded, it is our opinion that should the applicant be required to present the DD Form 214 with the former name to external audiences, the circumstances would require the applicant to disclose personal history that is needlessly intrusive. As such, we believe allowing the DD Form 214 to remain uncorrected would constitute an injustice. Further, the applicant has provided a copy of an authenticated birth certificate that reflects the current name. Therefore, we find the evidence presented is sufficient to recommend the records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The applicant’s original DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be removed, and a new DD Form 214 be issued to reflect the name of “XXXX” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-00568 in Executive Session on 12 November 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 24 November 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIRP, dated 11 May 2015. Exhibit D.  Letter, SAF/MRBR, dated 9 September 2015. Exhibit E.  Letter, AFBCMR, dated 2 October 2015, w/atch.