RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01148

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 Jan 89, be changed to coincide with his legally changed name.

APPLICANT CONTENDS THAT:

Through a court order, on 08 Dec 08, his name was legally changed and he would like his DD Form 214 to read his new name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 31 Jan 89, the applicant received an honorable discharge and was credited with 18 years, 2 months, and 8 days of active service. 

On 08 Dec 08, according to the Probate Court of Lake County, Ohio Judgment Entry, provided by the applicant, his name was legally changed.  The Court found that reasonable and proper cause existed for changing the name.

On 26 Jun 09, per AF Form IMT 281, Notification of Change in Service Member’s Official Records, the name change was recorded in the official service records and appropriate records were changed accordingly.

On 06 Oct 17, the AFBCMR staff provided the applicant the SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records – Name Changes, dated 9 Mar 15.  The memorandum 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 is 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 that 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 that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  However, in addition to the evidence of injustice, the AFBCMR should require proof that the applicant's name was legally changed. A signed and authenticated court order should be required. This memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s authority.  A complete copy of the AFBCMR staff correspondence, with SAF/MR guidance attached, is at Exhibit C.

On 8 Jun 18, AFPC/DP2SSM notified the applicant that his name was officially changed in his military record; however, they also notified the applicant that his case was being forwarded to the appropriate office to consider updating his DD Form 214.   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit E.

AIR FORCE EVALUATION:

AFPC/DP2STM-214 recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  Applicant’s DD Form 214 was created upon separation on 31 Jan 89 utilizing the applicant’s record and name on file.  The name change is after his separation date from the Air Force and name change was effective 08 Dec 08.  Court documents do not address prior to that date usage of the name be corrected for new name.

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 08 May 18 for comment (Exhibit D), 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 failure to timely file.

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 Board notes the Air Force office of primary responsibility recommends denial stating the applicant separated from active duty before his name was changed.  However, the Board believes that relief in this case is warranted.  In this respect, the Board notes the Automated Records Management System (ARMS) contains the applicant’s new name.  The applicant’s certified court order, which reflect his name change, constitutes sufficient proof that his name was legally changed.  Under these circumstances, should the applicant be required to present his DD Form 214 with his former name to external audiences, he would be exposed to needlessly intrusive questions about his personal history.  In view of the foregoing, the Board believes the interest of justice can best be served by changing the applicant’s name on his DD Form 214. 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 31 Jan 89 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-2017-01148 in Executive Session on 05 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 01 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 06 Oct 17.
Exhibit D:	Letter to Applicant, AFPC/DP2SSM, dated 03 Apr 18.
Exhibit E:	Advisory opinion, AFPC/DP2STM-214, dated 04 Apr 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 08 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.