RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00394

XXXXXXXXXXXX	COUNSEL: NONE
AKA XXXXXXXXXXX
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She legally changed her name from XX to XXX.  She changed her first name to honor her mother’s request, as her mother is currently ill and regretted not giving her the recently changed first name at birth. In addition, she changed her last name to reflect her maiden name as she is now divorced.  The disclosure of her last name on her DD Form 214 is an injustice because it reveals her previous marital status and raises questions she does not wish to answer.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

From 10 Jan 06 to 20 Aug 12, DD Form 214, Certificate of Release or Discharge from Active Duty, shows that the applicant completed a period of active duty service under the name XX. 

On 16 Oct 12, a Military Personnel Data System (MilPDS) report indicates that the applicant’s records were updated to reflect her married name, XXX.  

From 6 Jun 13 to 8 Oct 13, DD Form 214, Certificate of Release or Discharge from Active Duty, shows that the applicant completed a period of active duty service under the name XX. 

On 13 Nov 19, a court document, provided by the applicant indicates her name was changed to XXX. In addition, the applicant provided a copy of her Social Security Card and license, which now reflect her new name as XXX.

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

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 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 13 Feb 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 that the applicant is the victim of an injustice.  The Board finds the applicant has established that presenting the applicant’s DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history.  Therefore, the Board recommends correcting the applicant’s record as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The APPLICANT’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 08 October 2013 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-2020-00394 in Executive Session on 5 Aug 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 3 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  SAF/MR memorandum, dated 9 Mar 15
Exhibit C:	Notification of SAF/MR memorandum, dated 13 Feb 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.