RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02415

XXXXXXXXXXXXXXX 	COUNSEL: NONE	

(AKA) XXXXXXXXXXX 	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

1.  His separation code (HRB) and corresponding narrative reason for separation (Homosexual Admission), be changed based on the repeal of Section 654 of Title 10, United States Code.  

2.  The name and gender on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect his current legal name and gender. 

APPLICANT’S CONTENTIONS

He has been trying to have his DD Form 214 amended for more than 7 years and it has had very harmful and hurtful experiences dealing with Veteran’s Administration personnel in several states he lived.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).  

The applicant served in the Air Force from 19 Apr 05 to 16 Mar 06, under the name XXX.  

On 27 Jan 06, the applicant submitted a letter to his commander admitting to homosexual feelings. 

On 27 Feb 06, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFI 36-3208, Administrative Separation of Airmen, Chapter 5, paragraph 5.36.2, due to homosexual admission.

On 27 Feb 06, the applicant acknowledged receipt of the discharge recommendation. 

On 14 Mar 06, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 14 Mar 06.

On 16 Mar 06, the applicant received an honorable discharge.  His separation code is 2C, Involuntarily separated with an honorable discharge; or entry level separation without characterization of service, and his separation code and corresponding narrative reason for separation is HRB, Homosexual Admission.   

On 14 Sep 10, pursuant to a change of gender, the applicant obtained a court order to change his name to XXX.

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

APPLICABLE AUTHORITY/GUIDANCE

On 20 Sep 11, with the repeal of the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 U.S.C. § 654, the Department of Defense (DoD) issued supplemental policy guidance on correcting military records of former service members who had been discharged under that law or a precursor.  The guidance applied to the following types of requests:  changing the narrative reason for a discharge; re-characterizing service as honorable; changing a reentry code to one allowing immediate eligibility to reenter service.  The guidance directed that such requests should normally be granted when both of the following conditions are true:  (1) the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT; and (2) there were no aggravating factors in the record, such as misconduct.  For meritorious cases, the guidance further directed the use of “Secretarial Authority” as the new narrative reason for separation, with Separation Program Designator (SPD) code “JFF” and reentry code “1J.”  Finally, the guidance noted that while each request must be evaluated individually, an honorable or under honorable conditions (general) discharge should normally be considered to indicate the absence of aggravating factors.

The complete DoD policy is at Exhibit C.

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 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 E.

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.

Gender is no longer an authorized entry on the DD Form 214.  DD Forms 214 were first issued on 1 Jan 50, and were titled Armed Forces of the United States Report of Transfer or Discharge, (1950-1972).  In 1972, the name was changed to Report of Separation from Active Duty, and included a gender marker. In 1979 the title was changed to Certificate of Release or Discharge from Active Duty (1979-Present).  The current version does not include the member’s gender.

APPLICANTS REVIEW OF APPLICABLE AUTHORITY

The Board sent a copies of the DoD policy and SAF/MR memorandum to the applicant on 14 Jul 21, for comment (Exhibits E-F), 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 the applicant is the victim of an injustice.  While the Board finds no error in the original discharge process, the Board recommends relief based on the repeal of 10 U.S.C. § 654.  The absence of aggravating factors in the applicant’s record meets the criteria of the DoD policy on records correction following the repeal of DADT.  The Board also finds the applicant has established that presenting his DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of his personal history.  The applicant also requests his gender be changed on the DD Form 214.  However, as noted in the applicable authority, the DD Form 214 does not include a gender marker.  Given that gender is not an authorized entry on the current version of the DD Form 214, the Board find no evidence of an error or injustice in this portion of his request.  In view of the foregoing, 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 the APPLICANT be corrected to show:

a. The DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 16 Mar 06 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.

b. His reaccomplished DD Form 214 be amended to show a separation code of JFF, a reentry code of 1J and a narrative reason for separation of Secretarial Authority.  

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-2021-02415 in Executive Session on 20 Jan 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 20 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	DoD Policy on Correcting Military Records after Repeal of DADT, 20 Sep 	11.
Exhibit D:	Notification of DoD Policy, SAF/MRBC to applicant, dated 14 Jul 21.
Exhibit E: SAF/MR Memo, dated 9 Mar 15
Exhibit F: Notification of DADT Memo, SAF/MRBC to applicant, dated 14 Jul 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.