RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04533

XXXXXXXXXX	COUNSEL: NONE
	XXXXXXXXXX
	HEARING: NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued 1 May 13, be changed to coincide with her legally changed name.

Her military records be changed to reflect her legally changed name.  (Administratively Corrected).

APPLICANT CONTENDS THAT:

She was divorced in North Carolina and was given the authority to resume the use of her maiden name.  In support of her request, the applicant provides a copy of the divorce judgment dated 18 Jan 17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

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

On 15 Feb 90, a DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, was issued reflecting a different last name than the last name annotated on her DD Form 214, issued 1 May 13.

On 18 Jan 17, according to documentation provided by the applicant, the State of North Carolina Probate Court, County of Onslow, ordered the applicant’s name be changed.

On 30 Nov 17, an AF Form 281, Notification of Change in Service Member’s Official Records, was issued indicating 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 30 Nov 17, AFPC/DP2SSM advised the applicant that her requested last name change was updated in the Personnel Data System and she 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 Mar 15, 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 memorandum to the applicant on 27 Nov 17 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  Governing directives for the DD Form 214, (DoDI 1336.01 and AFI 36-3202) states the DD Form 214 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 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.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the advisory to the applicant on 29 Dec 17 comment (Exhibit F), but has received no response.  

THE BOARD CONCLUDES THAT:

1.  The application was 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.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04533 in Executive Session on 8 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2017-04533:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, Name Change Guidance, SAF/MR, dated 9 Mar 15.
Exhibit D:	Notification of Name Change Guidance, AFBCMR, dated 27 Nov 17.
Exhibit E:	Advisory opinion, AFPC/DP2SSM, dated 13 Dec 17.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 29 Dec 17.

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