RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03475

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 August 1994, be changed to coincide with his legal surname.

The name on his military and retired pay records be changed to coincide with his legal surname (administratively corrected).  

APPLICANT CONTENDS THAT:

He has a hyphenated last name.  However, during his military career, only the first part of his hyphenated last name was annotated.  His driver’s license and social security card have been updated to accurately reflect his hyphenated last name and he would like his military records and pay records to reflect the same.  This is an error that should have been corrected while on active duty; however, it was never an issue.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant (E-7).

On 16 January 1980, a DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, was issued reflecting the same last name as annotated on his DD Form 214, dated 31 August 1994.  

According to documentation provided by the applicant, his certificate of birth, social security card, and driver license were issued to reflect his hyphenated last name on 11 September 2013, 23 September 2013, and 15 October 2014, respectively.  

On 18 November 2016, an AF Form 281, Notification of Change in Service Member’s Official Records, indicates the applicant’s requested last name was changed under the provisions of AFI 36-2608, Military Personnel Records System.  A copy was provided to the Defense Accounting and Finance Service (DFAS).  

On 18 November 2016, AFPC/DP2SSM advised the applicant that his requested last name change was updated in the Personnel Data System and he was provided a copy of the AF Form 281.  

For more information, see the excerpt of the applicant’s record at Exhibit B, the SAF/MR memorandum at Exhibit C, and the advisory at Exhibit E.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, states that while the Board 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 Board 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 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.  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 constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  

A complete copy of the SAF/MR guidance is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the SAF/MR guidance to the applicant on 2 December 2016 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  In accordance with Air Force Instruction AFI 36-2608, the DD Form 214 will provide an accurate and complete summation of active military personnel service.  The governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service.  The effective date of the name change is after the effective date of the period of service recorded on the DD form 214.  Therefore, his name was accurately recorded at the time of his discharge.  

The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 September 2017 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  We note the applicant enlisted, served, and was discharged under the name shown on his DD Form 214.  Further, the applicant has not demonstrated an injustice has occurred because his DD Form 214 does not reflect his full legal name.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and the Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  With respect to the applicant’s request for the name on his military and retired pay records be changed to coincide with his legal surname, we note this has been administratively corrected.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed, it would not be in the interest of justice to excuse the delay, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03475 in Executive Session on 29 May 2018:

All members voted not to correct the record.  The panel considered the following documentary evidence to AFBCMR Docket Number BC-2016-03475:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 August 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, Name Change Guidance, SAF/MR, dated 9 March 2015.
Exhibit D:	Notification of Name Change Guidance, AFBCMR, dated 2 December 2016.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 11 September 2017.
Exhibit F:	Notification of advisory, AFBCMR, dated 21 September 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.