RECORD OF PROCEEDINGS

IN THE MATTER OF:	      DOCKET NUMBER:  BC-2020-00131

XXXXXXXXXXXXXX  	      COUNSEL:  NONE

(AKA)  XXXXXXXXXXXX	     HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The first and middle name on her DD Form 214, Report of Separation from Active Duty, be changed to reflect her legal birth name.

APPLICANT’S CONTENTIONS

Information entered in her military records was based upon her school records, which reflected her nickname.  This nickname was used since grade school and her school records were never changed.  However, this nickname should not have been used on government records when her birth certificate reflected her legal birth name.  She tried to have her name changed on her personnel records prior to her separation, but was denied.  More recently, she tried to have her name changed with the Department of Veterans Affairs, but they were unable to change her DD Form 214.  The error does affect her benefits.

The applicant’s complete submission 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 16 Oct 70 to 15 Oct 74, under the name XXXXXX and XXXXXXXX.

On 13 Jul 62, according to documentation provided by the applicant, the county clerk issued a birth certificate reflecting the applicant’s legal birth name.

On 2 Mar 52, according to documentation provided by the applicant, a Certificate of Baptism was issued, reflecting the applicant’s legal birth name.

On 2 Jul 92, according to documentation provided by the applicant, the state issued a marriage certificate reflecting the applicant’s legal birth name.

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 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.  The correction should be to the DD 214 and for the limited purposes of mitigating an injustice caused by use of the DD 214.  

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 15 Sep 20 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 thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  Pending update of DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), to allow administrative correction of the DD Form 214 without action of the Board, and based on recommendations from 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). In the present case, the Board finds the applicant has met the criteria noted above.  Therefore, the Board recommends the applicant’s records be corrected 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, Report of Separation from Active Duty, issued in conjunction with the 15 Oct 74 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-2020-00131 in Executive Session on 19 Nov 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 30 Sep 19.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Applicant, dated 15 Sep 20.

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.