RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03738

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her current legal name.

2.  Her DD Form 214, Block 15b, HIGH SCOOL GRADUATE OR EQUIVALENT, be corrected to reflect Yes instead of No.

APPLICANT’S CONTENTIONS

She recently (17 Jun 19) had her name changed, and she had a high school diploma when she entered the military.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman first class (E-3).  

The applicant served in the Air Force from 7 Sep 89 to 29 Mar 91, under the name NSR.  

On 17 Jun 19, the applicant obtained a court order to change her name to RNRP.

The applicant’s verification of high school graduation, dated 27 Apr 20, confirms a high school diploma was issued 4 Jun 89.  

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

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 post-service name changes under the following conditions:  (1) the applicant’s name was changed as part of a transgender transition or the applicant is seeking to revert to a maiden name or the name under which he or she entered service; (2) the change is supported by a court order, a divorce decree, or birth certificate (True Copy Raised Seal, Notarized, or official digital document with electronic signature); (3) the change is made only to the DD Form 214; and (4) the Board has not already granted a name change for the applicant.

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 SAF/MR memorandum to the applicant on 21 Aug 19 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 the victim of an error or injustice.  The Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant provided a copy of her high school diploma, which is sufficient to justify granting the applicant’s request to correct her DD Form 214 to reflect she did graduate from high school.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Specifically, the applicant submitted no evidence that presenting the DD Form 214 that lists her old name effectively requires a needlessly intrusive explanation of personal history.  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 the APPLICANT be corrected to show her DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 29 March 1991 discharge, Block 15b., HIGH SCOOL GRADUATE OR EQUIVALENT, be changed to reflect YES instead of NO.  

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-2019-03738 in Executive Session on 3 Jun 20:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Jul 19 and 27 Apr 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MR name change guidance, dated 9 Mar 15.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Aug 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.