RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03302

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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.

APPLICANT’S CONTENTIONS

His would like his name changed for personal reasons.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman (E-2).

The applicant served in the Air Force from 3 February 1971 to 18 April 1972, under the name RSR.

On 29 January 2019, the applicant obtained a court order to change his to RSC.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

Air Force policy does not authorize the correction of records of former airmen to show name changes occurring after discharge (AFI 36-2608, Military Personnel Records System, Table A7.3 [Name Changes]).  In particular, if the name appearing on the DD Form 214 was correct at the time it was created, the AFI would not allow a correction, even to reflect a subsequent, legal name change.  The past practice of the Board has been to follow the AFI in all cases except those where the applicant seeks to revert to either a maiden name or the name under which he or she entered military service, or the Board finds a particular injustice that warrants an exception to policy, such as noted below in the SAF/MR memorandum.

AIR FORCE EVALUATION

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, 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 memorandum 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 8 May 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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 not the victim of an error or injustice.  The Board finds the applicant has not established that presenting the applicant’s DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history, only citing personal reasons for the requested name change.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-03302 in Executive Session on 20 August 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 June 2019.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Applicant, dated 8 May 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-03302, as required by AFI 36-2603, paragraph 4.11.9.