RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00594 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The name on her DD 214, Certificate of Release or Discharge from Active Duty, be changed to align with her current legal name. APPLICANT CONTENDS THAT: The current name on her DD 214 is an injustice due to the social stigma and discrimination transgender people face. Her transgender status is revealed every time her DD 214 is used. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 12 Jul 89, the applicant enlisted in the Air Force Reserve. On 23 Feb 91, the applicant was involuntarily ordered to active duty and was discharged 31 Jul 91 with transfer back to the Air Force Reserve after having served for five months and eight days on active duty. The DD Form 214, Certificate of Release or Discharge from Active Duty, issued for the period 23 Feb 89 to 31 Jul 91 lists the applicant’s former name in Item 1. On 24 Feb 06, her former name and gender were changed per the court order provided by the applicant. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPRs), which are attached at Exhibits C and D. AIR FORCE EVALUATION: SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the AFBCMR generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion in doing so. In the past, the AFBCMR has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced. The Board may choose to depart from this precedent when the facts and/or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice. Because the DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs or in seeking employment with organizations that grant veteran’s preferences, a name change on the DD Form 214 may be appropriate when the veteran asserts presenting their DD Form 214 which lists their old name effectively requires them to explain their personal history which they find needlessly intrusive and is thus an injustice. This type of injustice may arise in situations such as when the name change is transgender related or associated with a divorce. Therefore, correction to an applicant’s name on a DD Form 214 is only a reasonable outcome when the applicant clearly demonstrates allowing the DD Form 214 to remain uncorrected would constitute an injustice. This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority. A complete copy of the SAF/MR evaluation is at Exhibit C AFPC/DPSIRP recommends denial indicating there is no evidence of an error or an injustice. Air Force Instruction 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. A review of the applicant’s records shows a DD Form 214 with period of service from discharge date of 31 Jul 91 in the applicant’s former name. The Court Order changed the applicant’s name on 24 Feb 06 after this period of service A complete copy of the AFPC/DPSIRP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Oct 15 for review and comment within 30 days (Exhibit E). 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We took notice of the applicant's complete submission in judging the merits of the case. The Board notes the comment from AFPC/DPSIRP that the applicant’s name should not be changed on the DD Form 214 because it was not proven the applicant’s name was erroneously recorded while serving in the Air Force. However, we believe the information provided in the applicant’s request, and the 9 Sep 2015 SAF/MR guidance, establishes an injustice. The applicant has provided sufficient evidence of a formal name change by an authorized court order and corrected driver’s license. Thus, it is the board’s opinion, should the applicant be required to present a DD Form 214, with a name of an opposite gender to external audiences, the applicant’s circumstances would require disclosure of personal history that is needlessly intrusive, thereby constituting an injustice. Therefore, we recommend the applicant’s record be corrected as 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 her DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 31 July, 1991 discharge, be declared void and a new DD Form 214, Certificate of Release or Discharge from Active Duty, be issued to reflect the name “--------------” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-00594 in Executive Session on 1 Mar 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00594 was considered: Exhibit A. DD Form 149, dated 9 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum SAF/MR, dated 9 Mar 15. Exhibit D. Memorandum, AFPC/DPSIRP, dated 21 Apr 15. Exhibit E. Letter, SAF/MRBR, dated 26 Oct 15.