RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03827

XXXXXXXXXXXXXX	COUNSEL: NONE

(AKA) XXXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The name on 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

On 7 Jul 99, he legally changed his name and not having his current legal name on his DD Form 214 is preventing him from receiving Burial benefits.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

The applicant served in the Air Force from 7 Oct 65 to 24 Jul 68, under the name XXX. 

On 7 Jul 99, the applicant obtained a court order to change his name to XX.

For more information, see documentary evidence at Exhibit B and advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, applicants have the burden of proof for providing evidence in support of their claim.  

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, Table A7.3 [Name Changes]).  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 applicant seeks to revert to either a maiden name or the name under which he or she entered service, or the Board finds a particular injustice that warrants an exception to policy, such as noted below in the SAF/MR memorandum.

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 B.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  The applicant departed active duty on 24 Jul 68.  The applicant provided documentation that indicates his name change occurred well after his separated from active duty; therefore, the DD Form 214 correctly reflects the name that the applicant held at the time of discharge from active duty.  

The complete advisory opinion 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 28 Mar 22 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 his 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and 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-2021-03827 in Executive Session on 30 Jun 22:

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 1 Mar 22.
Exhibit B:	Documentary evidence, excluding relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DP2SSR, 2 Mar 22.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Applicant, dated 28 Mar 22.

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.