RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04995

XXXXXXXXXXXXX				COUNSEL: NONE

XXXXXXXXX					HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Disclosure of her former name reveals 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 and a letter from her doctor outlining she has had appropriate clinical treatment for gender transition.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard technical sergeant.  

On 28 Dec 16, according to documentation provided by the applicant, the Superior Court of California, County of San Bernardino, CA, ordered the applicant’s name be changed.

On 29 Aug 17, 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 advisory at Exhibit C.

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 Air Force evaluation to the applicant on 2 Dec 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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 and government-issued identification, 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:  

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 31 December 2011 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-2017-04995 in Executive Session on 19 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 7 Nov 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Memorandum, SAF/MR, 9 Mar 15
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, w/atch, dated 2 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.