RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01764

	COUNSEL: NONE

			HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  The name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect his current legal name.

2.  The social security number on his DD Form 214 be corrected.  (Administratively Corrected)

APPLICANT’S CONTENTIONS

He was born with the name I.R.K.  When his parents divorced, he assumed he was legally adopted by his stepfather and became known as I.R.S.  He entered the military using his stepfather’s last name and it was not until mid-1970 that he discovered he was never adopted by his stepfather and notified every one of his intent to be known by his birth name, I.R.K.  He would like his DD Form 214 changed to correspond with his birth name.

In support of his request, the applicant provides a personal statement, copies of his birth certificate, Department of Veterans Affairs Certificate of Eligibility, Driver License, and IRS Form 1040, U.S. Individual Income Tax Return, which all reflect his birth name.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

The applicant served in the Air Force from 23 Jul 65 to 9 Dec 68, under the name I.R.S. 

The applicant’s certified birth certificate indicates a different name from the name on his DD Form 214. 

For more information, see the excerpt of the applicant’s record at Exhibit B and SAF/MR guidance at Exhibit C.

APPLICABLE AUTHORITY

Consistent with recommendations of the Air Staff and the Office of the Secretary of Defense Separations Standardization Working Group, the Board has established a precedent of granting requests for name changes on the DD Form 214, Certificate of Release or Discharge from Active duty, based on error under the following conditions:  (1) the DD Form 214 was erroneous when issued; (2) the applicant provides adequate proof (True Copy Raised Seal, Notarized, or official digital document with electronic signature).

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 to the applicant’s name, it should exercise discretion in doing so.  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 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.

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 evaluation to the applicant on 4 Oct 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error.  The Board finds the applicant’s certified birth certificate meets the criteria noted above for correction of the DD Form 214.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 9 Dec 68, separation, be declared void; a new DD Form 214, Certificate of Release or Discharge from Active Duty, be issued to reflect the applicant’s 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-2019-01764 in Executive Session on 23 Apr 20:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MR, dated 9 Mar 15.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Oct 19.

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