RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01900

XXXXXXXXXXXX  	COUNSEL:  NONE

(AKA) XXXXXXXXXXXX	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

She went to court on 15 Dec 09 and had her name changed to her birth name (XXXX).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve technical sergeant (E-6) receiving retired pay.

On 10 Aug 73, the applicant was furnished an honorable discharge from the Regular Air Force, under the name XXXXXX, and was credited with 2 years, 4 months, 29 days active service.

On 20 Apr 09, under Reserve Order XXXXX, the applicant was placed on the USAF Retired List, effective 22 May 09, under the name XXXX.

On 15 Dec 09, the applicant obtained a court order to change her name from XXXX to XXXXX.

On 5 Apr 10, AF IMT 281, Notification of Change in Service Member’s Official Records, changed the applicant’s official service records from XXXXX to XXXXX.

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

APPLICABLE AUTHORITY/GUIDANCE

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; and (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.

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 memorandum is at Exhibit C.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY/GUIDANCE

The Board sent a copy of the SAF/MR memorandum to the applicant on 26 Apr 21 for comment (Exhibit D), but has received no response.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  The applicant separated from active duty on 10 Aug 73.  The applicant provided documentation that indicates her name change occurred well after separation from active duty; therefore, the DD Form 214 correctly reflects the name the applicant held at the time of discharge from active duty.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Apr 21 for comment (Exhibit F), 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 reviewing all Exhibits, the Board concludes that the applicant is the victim of an injustice.  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, Report of Separation from Active Duty, issued in conjunction with the 10 August 1973 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-2020-01900 in Executive Session on 28 Oct 21:

, 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 Apr 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Applicant, dated 26 Apr 21.
Exhibit E:	Advisory opinion, AFPC/DP2SSR, dated 28 Apr 21.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 28 Apr 21.

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.