RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00462
XXXXXXXXXXXXXX	COUNSEL:  NONE
XXXXXXXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST
Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her current legal name and gender.
APPLICANT’S CONTENTIONS
She legally changed her name and gender.
In support of her request, the applicant provides copies of a court order, Office of Personnel Management name change action and a DD Form 214. The applicant’s complete submission, with attachments, 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 13 January 1984 to 28 April 1988, under the name AJC.
On 18 October 2019, pursuant to a change of gender, the applicant obtained a court order to change her name to ATC.
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 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 21 February 2020 for comment (Exhibit C), 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 that the applicant is the victim of an injustice. While the applicant’s request to change her gender is duly noted, given that her DD Form 214 makes no reference to her gender, the Board finds no evidence of an error or injustice in this case. Therefore, the applicant has failed to sustain her burden of proof that she has been the victim of an error or injustice. Notwithstanding the above, the Board finds the applicant has established that presenting her 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.
RECOMMENDATION
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 28 April 1988 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- 00462 in Executive Session on 23 July 2020:
, 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 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 21 February 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.