RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00694 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect her legally changed name. APPLICANT CONTENDS THAT: While the name listed on her DD Form 214 was the same throughout her Air Force career, she legally changed her name in 2000 to align with her gender identity. In support of her request, the applicant has provided copies of the court order, dated 7 Jan 00, social security card and driver’s license which all reflect her new legally changed name. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 20 Aug 79. On 19 Aug 83, the applicant was furnished an Honorable discharge, and was credited with four years of active service. On 12 Apr 15, the applicant was forwarded a copy of the SAF/MR memorandum, dated 9 Mar 15, 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. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIRP recommends denial, indicating there is no evidence of an error or injustice as the documentation of the applicant’s name and gender change is dated after their period of service, it does not appear that the Air Force erroneously recorded the applicant’s name. The applicant contends that their DD Form 214 should be corrected to reflect their new name, which was changed legally via the Yakima County Court District. Air Force Instruction 36-2608, Military Personnel Records System, 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.” A review of the applicant’s records showed their date of separation as 19 August 1983. Further review showed that they enlisted, served, and were discharged under the same name. The Court Order changing the applicant’s name is dated 07 January 2000, 16 years after their period of service. Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, they are unable to amend their military record after the fact. A complete copy of the AFPC/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 8 Apr 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 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. We took notice of the applicant's complete submission in judging the merits of the case. While the Board notes the comment from AFPC/DPSIRP that the applicant enlisted, served, and was separated under her former name, we believe the information provided in the applicant’s request establishes an injustice. It is the Board’s opinion, should the applicant be required to present a 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 thereby constituting an injustice. Further, we note the applicant has provided sufficient evidence of a formal name change by an authorized court order, a corrected driver’s license, and a corrected social security card. Therefore, we recommend the applicant’s record be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his 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 name “XXXXX XXXXX XXXXXX” in Block 1. The following members of the Board considered AFBCMR Docket Number BC-2015-00694 in Executive Session on 20 Oct 15 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-2015-00694 was considered: Exhibit A. DD Form 149, dated 8 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIRP, dated 22 Apr 15. Exhibit D. Letter, SAF/MRBR, Name Change Notification, dated 12 Apr 15. Exhibit E. Letter, SAF/MRBR, dated 8 Sep 15.