RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02479

XXXXXXXXXXXXXX	COUNSEL: XXXXXXXXXXX

(AKA) XXXXXXXXXX	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 last name was spelled incorrectly on his DD Form 214 at time of discharge.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged airman second class (E-3).

The applicant served in the Air Force from 14 Jul 54 to 1 Dec 57, with a last name spelled differently than the last name listed on his birth certificate.  

On 5 Aug 57, the applicant was issued a Certification of Birth, which indicates a different spelling of his last name than the name on his DD Form 214. 

On 4 Jan 13, the applicant was issued a Driver License, which indicates a different spelling of his last name from the name on his DD Form 214.   

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 name changes on the DD Form 214 based on error under the following conditions:  (1) the DD Form 214 was erroneous when issued; (2) the applicant provides adequate proof (True Copy Raised Seal, Notarized, or official digital document with electronic signature).  

APPLIABLE AUTHORITY/GUIDANCE

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 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 1 Mar 21 for comment (Exhibit D), and the applicant’s counsel responded on 21 Apr 21, with a copy of applicant’s Certified Birth Certificate.  

The applicant’s complete response is at Exhibit E.

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 thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  Pending update of DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), 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 name changes on the DD Form 214 based on error under the following conditions: (1) the DD Form 214 was erroneous when issued; (2) the applicant provides adequate proof (True Copy Raised Seal, Notarized, or official digital document with electronic signature). In the present case, the Board finds the applicant has met the criteria noted above.  Therefore, the Board recommends the applicant’s records be corrected 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 1 Dec 57 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-2020-02479 in Executive Session on 22 Apr 21:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:  Applicant provided official copy of Birth certificate which provided enough evidence to prove name was erroneously recorded on the DD Form 214.

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Jul 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Counsel dated 1 Mar 21.
Exhibit E: Applicant’s Response, w/atchs, received 21 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.