RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00153

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The name on her DD Form 214 be changed to reflect her maiden name, E.M.

APPLICANT’S CONTENTIONS

Her DD Form 256 AF, Honorable Discharge Certificate, dated 8 July 1985, reflects her maiden name.  She would like all of her records to reflect her maiden name, which is the name she used when she entered the Air Force. 

In support of her request, the applicant provides copies of her Certificate of Naturalization, and her DD Form 256 AF from the Air Force Reserve, which reflect her maiden name.

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

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

On 9 July 1979, via DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United
States, the applicant entered the Regular Air Force under the name E. M.

On 5 December 1983, via DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was released from active duty under the name E. F. and transferred to the Air Force Reserve.

On 8 July 1985, via DD Form 256 AF, the applicant was discharged from the Air Force Reserve under the name E.M.

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

APPLICABLE AUTHORITY

Pending update of DODI 1336.01 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 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 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 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 31 January 2020 for comment (Exhibit D), but has received no response.

AIR FORCE EVALUATION

AFPC/DP2STM-214 recommends denying the application.  A review of the applicant’s master of personnel record shows that at the time of the applicant’s discharge from the Air Force, she held the name E. F.  At the time of discharge, the applicant’s name was accurately recorded.  Governing directives do not provide authority to change the contents of the DD Form 214 that have an effective date after the close out date of the document and did not occur during the period of recorded military service.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the SAF/MR memorandum to the applicant on 23 March 2020, for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3. After reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice.  As noted above, the Board has established a precedent of granting requests for post-service name changes under certain conditions, which the applicant has not met.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Should the applicant provide a divorce decree showing her married name was reverted to the name she used upon entering the Regular Air Force, the Board would be willing to reconsider her request.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-00153 in Executive Session on 28 May 2020:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 November 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MR, dated 9 March 2015.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 31 January 2020.
Exhibit E:	Advisory opinion, AFPC/DP2STM-214, dated 19 March 2020.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 23 March 2020.

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.