RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05304

XXXXXXXXXXXXXX 	COUNSEL: NONE	 

   	HEARING: NO

APPLICANT REQUESTS THAT:

The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 Oct 82, be changed to coincide with her changed name.

APPLICANT CONTENDS THAT:

She faithfully and loyally served for over 26 years.  At the time of her retirement, DOD policy was unclear and put her at risk.  This injustice can be remedied by issuing a new DD Form 214 listing her current name and gender.   She underwent gender reassignment surgery in Mar 03, obtained a new drivers’ license and passport, and underwent mental health evaluation.  

In support of her request, she provides copies of her state issued drivers’ license and passport card.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant provides a copy of her DD Form 214, which shows she retired on 31 Oct 82.  

The applicant provides copies of drivers’ licenses issued by Washington State and California and US Passport Card, which reflect the requested name.   For more information, see the advisory at Exhibit B  

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 B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Dec 17 for comment (Exhibit C), 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 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 THAT:

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 31 Oct 82 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-2017-05304 in Executive Session on 19 Jun 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-05304:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Nov 17.
Exhibit B.  Advisory opinion, SAF/MRBC, dated 9 Mar 15.  
Exhibit C:	Notification of Advisory, SAF/MRBC to applicant, dated 19 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.