RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00039

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 11 Aug 09, be changed to coincide with her legally changed name.

APPLICANT CONTENDS THAT:

Disclosure of her former name discloses her transgender status, which creates an injustice due to the social stigma and discrimination transgender people face.  Every time she shows her DD Form 214, it reveals her transgender status.  This injustice can be remedied by issuing a new DD Form 214 listing her current name and gender.  In support of her request, she provides a court order showing she changed her name, a letter from her doctor and therapist outlining she has had appropriate clinical treatment for gender transition, a copy of her driver’s license; passport, and Social Security Card.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 11 Aug 09, the applicant was honorably discharged from the Regular Air Force in the grade of staff sergeant after serving 6 years of active service.

On 20 Jan 16, according to documentation provided by the applicant, the Anne Arundel County Circuit Court, Maryland, ordered the applicant’s name be changed.

On 13 Jun 16, according to documentation provided by the applicant, her physician declared that the applicant has had the appropriate clinical treatment for gender transition to female.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, and E.

AIR FORCE EVALUATION:

The SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states 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, see Exhibit C.

AFPC/DP2SSM recommends denying the application.  After further review of the applicant’s official military personnel file, it was determined that she enlisted, served and was discharged in the same name as reflected on her DD Form 214.  In addition, they recommend that the member’s request be forwarded to the appropriate office for final consideration to update the member’s DD Form 214 as their office is not the deciding entity for updating the DD Form 214.  A complete copy of the AFPC/DP2SSM guidance is at Exhibit D.

AFPC/DP2STM recommends denying the application.  The governing directives for the DD Form 214, state the DD214 will “provide an accurate and complete summation of active military personnel service.’  At the time of discharge, the applicant’s name was accurately recorded. Governing directives do not provide authority to change the contents of the DD214 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 DD214.  A complete copy of the AFPC/DP2STM guidance is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 4 May 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

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 the victim of an injustice.  The applicant’s certified court order, a copy of her driver’s license, passport, and social security card, which reflect her name change, constitute sufficient proof that her name was legally changed.  Under these circumstances, should the applicant be required to present her DD Form 214 with her former name to external audiences, she would be exposed to needlessly intrusive questions about her personal history.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 11 Aug 09 discharge, be declared void; a new DD Form 214 be issued to reflect the current legal name in Block 1; and no entries be made on the reissued DD Form 214 indicating the name was changed or the DD Form 214 was administratively reissued.

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-2017-00039 in Executive Session on 6 Jun 18:

	Panel Chair
	Member
	Member	

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C.  Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 5 Feb 18.
Exhibit E:  Advisory opinion, AFPC/DP2STM, dated 23 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18.

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