RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01062
XXXXXXXXXXXXXXX	COUNSEL:  NONE
AKA XXXXXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST
The name on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect his current legal name.
APPLICANT’S CONTENTIONS
His name should be changed due to his marriage.
The applicant’s complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS
The applicant is an honorably discharged airman first class (E-3).
The applicant served in the Regular Air Force from 15 May 87 to 24 Nov 89, under the name MTG.
According to a birth certificate, provided by the applicant, his name was recorded as MTG.
According to a Driver’s License and Social Security Card, provided by the applicant, his name reflects MTZ.

On 14 Jun 16, pursuant to marriage, the applicant obtained a court order to change his name to MTZ.
For more information, see the excerpt of the applicant’s record at Exhibit B.
APPLICABLE AUTHORITY
Air Force policy does not authorize the correction of records of former airmen to show name changes occurring after discharge (AFI 36-2608, Military Personnel Records System, 5 February 2018, Table A7.3). In particular, if the name appearing on the DD Form 214 was correct at the time it was created, the AFI would not allow a correction, even to reflect a subsequent, legal name change. The past practice of the Board has been to follow the AFI in all cases except those where the Board finds a particular injustice that warrants an exception to policy, such as noted below in the SAF/MR memorandum.

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 31 Mar 20 for comment (Exhibit D), 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 thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice. The Board finds the applicant has not established that presenting the applicant’s DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). Moreover, the applicant has offered no plausible reason for the delay in filing the application. The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, the Board 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-2020-01062 in Executive Session on 25 June 2020 and 30 June 2020:
, Panel Chair
, Panel Member 
, Panel Member
All members voted against correcting the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 6 Dec 19.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, SAF/MR dated 9 Mar 15.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 13 Mar 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.