RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04747

XXXXXXXXXX	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

Her name and gender be changed in her military record to coincide with her legally changed name and changed gender.

APPLICANT CONTENDS THAT:

Reminder of the incorrect gender and name on her military records triggers her gender dysphoria and causes emotional stress.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force captain.  On 19 Jul 02, the applicant was honorably discharged from the Air Force.

On 11 Sep 17, according to documentation provided by the applicant, the Circuit Court for Baltimore County, Baltimore, Maryland ordered the applicant’s name be changed.

On 18 Jan 17, according to documentation provided by the applicant, the Circuit Court for Howard County, Ellicott City, Maryland ordered the applicant’s Legal Gender Identity be changed to female. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, E and F.

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 copy of the SAF/MR guidance was sent to the applicant on 13 Dec 17 (Exhibit D).

AFPC/DP2STM-214 recommends denying the application, indicating AFI 36-3202, Separation Documents, state 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 name change is after the separation date reflected on the DD form 214.  Member’s request for change of “gender” is not specific to the DD Form 214, thus there would be no change required.

AFPC/DP2SSM recommends denying the application, indicating Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, states “Do not correct records of former Airmen to show gender and name changes occurring after discharge.”  The DD Form 214 reflected in the applicant’s personnel file reflects the applicant’s name was correct at the time of discharge.  After further review of the applicant’s official military personnel file, it is determined that the applicant enlisted, served and was discharged as a “Male” and the name on the DD Form 214 is correct.

AFPC/JA recommends disposing of the application consistent with governing guidance issued to the Board of Corrections Military Records by SAF/MR and only if the Board concludes, on the facts of this case, the current name on the applicant’s DD Form 214 is an injustice.  The DD Form 214 does not contain gender information and the name found throughout the applicant’s military records correctly reflect name and gender at the time of discharge; there are no errors.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Jun 18 for comment (Exhibit G), 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 the victim of an injustice. The Board notes AFPC/DP2SSM recommends denial stating the applicant separated from active duty before her name was changed. However, the Board believes that relief in this case is warranted. In this respect, the Board notes the applicant’s certified court order, which reflects her name change, constitutes 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. In view of the foregoing, the Board believes the interest of justice can best be served by changing the applicant’s name on her DD Form 214 in accordance with the SAF/MR memorandum dated 9 Mar 15.  As noted by AFPC/DP2STM-214, the applicant’s request for change of “gender” is not specific to the DD Form 214, thus no action is required on this portion of the applicant’s request. Therefore, the Board recommends the applicant’s records be corrected as indicated below. 

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’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 19 Jul 02 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.

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-2017-04747 in Executive Session on 19 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 12 Dec 17.
Exhibit D:	Letter, Name Change, SAF/MRBC, dated 13 Dec 17.
Exhibit E:	Advisory opinion, AFPC/DP2SSM, dated 19 Apr 18.
Exhibit F:	Advisory opinion, AFPC/JA, dated 29 May 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Jun 18.
Exhibit H:	AFI 36-3202, Separation Documents

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-04747.