RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01091

xxxxxxxxxxxxxxxx	COUNSEL: NONE

XXXXXXXXXXXXXXXX	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect his current legal name.

APPLICANT’S CONTENTIONS

At birth, the attending physician erroneously recorded the name on his birth certificate by reversing his first and middle names and it was not noticed by his parents. Upon enlisting, the Air Force recruiter discovered the error and stated it had to be corrected by the courts. In Sep 64, his case was heard by District Court and approved a change to his birth certificate that resulted in a correction. Because he remained an Air Force enlistee during these Court proceedings, he somehow assumed the Court would contact the Air Force of the changes and changes would be made to his records by the Air Force accordingly. Much to his surprise when he received his separation and discharge papers at the processing center, the name changes were not made.

In support of his request, the applicant provides copies of his birth certificate, affidavits, government issued identification cards issued under the name XXX, and other documents related to his appeal.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to a birth certificate provided by the applicant, his name was entered as XXX.

On 12 Jun 61, according to DD Form 4, Enlistment Record - Armed Forces of the United States, the applicant enlisted in the Regular Air Force under the name XXX.

On 28 Sep 64, according to a court order provided by the applicant, the court changed his name from XXX to XXX.

On 24 Feb 65, according to the DD Form 214, the applicant was honorably discharged under the name XXX.

On 11 Feb 72, according to an Affidavit for Correction of Birth or Death Certificate, provided by the applicant, his name was changed to XXX based on a court order for name change dated 28 Sep 64.

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

APPLICABLE AUTHORITY/GUIDANCE

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).  

APPLICABLE 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 6 Oct 21 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 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, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with the 24 Feb 65 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-2021-01091 in Executive Session on 17 Feb 22:

, 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 15 Feb 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 Mar 15.
Exhibit C:	Notification of Memorandum, SAF/MRBC to Applicant, dated 6 Oct 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.