RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04889

XXXXXXXXXXXXXX	COUNSEL: NONE AKA
XXXXXXXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The name on her DD Form 214 be changed to reflect the name on her birth certificate.

APPLICANT’S CONTENTIONS

She has been misspelling her first name wrong all her life. She was not aware until informed by a Transportation Security Administration (TSA) Pre-Check technician, that her state identification card did not match the name on her birth certificate.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve (AFR) technical sergeant (TSgt/E-6).

The applicant served in the Regular Air Force from 27 Aug 71 to 24 Aug 79, under the name BMA.

The applicant served in the AFR from 13 Oct 79 to 17 Oct 93 under the name BMA.

The applicant’s certified birth certificate, dated 14 Sep 98, indicates a different name from the name on the applicant’s DD Form 214.

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 name changes on the DD Form 214 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 SAF/MR memorandum to the applicant on 5 Dec 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 for noted above for correction of the DD Form 214. Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The APPLICANT’s DD Form 214, Report of Separation from Active Duty, issued in conjunction with the 24 August 1979 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-2019-04889 in Executive Session on 28 Apr 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 23 Sep 19.
Exhibit B: Documentary evidence, including relevant excerpts from official records.
Exhibit C: Notification of Guidance to the Board for Correction of Military Records (AFBCMR) Name Change w/atch, dated 5 Dec 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.