RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00418

XXXXXXXXXXXXX  	COUNSEL: NONE

(AKA) XXXXXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  The name on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her maiden name or current legal name.

2.  Her retirement records be changed to reflect her maiden name or current legal name.  (Administratively corrected)

APPLICANT’S CONTENTIONS

She was diagnosed with mental health issues from divorcing her physically and emotionally abusive husband.  She does not want to see his last name on her DD Form 214 or her retirement records.

In support of her request, the applicant provides copies of her divorce decree, marriage certificate, driver license, and military retiree identification card.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force major (O-4).

The applicant served in the Air Force as an enlisted member from 12 Dec 91 to 20 Feb 03, under the names XX and XX.  She served as an Air Force officer from 21 Feb 03 to 31 Aug 13, under the names XX, XX and XXX. 

On 4 Apr 17, pursuant to a divorce, the applicant obtained a court order to revert back to her maiden name, XX.

On 22 May 17, via AF IMT 281, Notification of Change in Service Member’s Official Records, the name on the applicant’s service records was changed from XX to XX, in accordance with a divorce decree.

On 26 Sep 18, via AF IMT 281, the name on the applicant’s service records was changed from XX to XXX, in accordance with a marriage certificate.

On 7 Jan 20, AFPC/DP2SSM notified the applicant they were able to administratively correct the name on her records from XX to XXX.

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.

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.

SAF/MR Guidance Regarding Name Changes on Official Military Personnel Records, dated 25 Oct 19, states the DD Form 214 is for use by a post-service audience.  However, all other personnel records are created for the benefit of the Department of Defense and the historical integrity of the record requires that the name not be altered if it reflected the legal name at the time the record was created. When an extreme circumstance arises that results in an actual (not perceived) injustice and corrections to records are clearly needed to alleviate the injustice, a Board panel should carefully determine what specific records require correction in order to remedy the determined injustice.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY/GUIDANCE

The Board sent a copy of the SAF/MR memorandum to the applicant on 11 May 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 reviewing all Exhibits, the Board concludes that the applicant is the victim of an injustice.  The Board notes AFPC/DP2SSM informed the applicant that in response to her request they updated her name in the Military Personnel Data System.  Nevertheless, it appears she specifically requested her former name be removed from her retirement records. As noted above, SAF/MR provided guidance regarding potential changes on the DD Form 214 to reflect a legal name change because unlike other military records, it is designed for a post-service audience and is used throughout an applicant's lifetime to provide proof of service.  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.  Conversely, personnel military records are created for the benefit of the Department of Defense and the historical integrity of the record requires that the name not be altered if it reflected the legal name at the time the record was created unless an extreme circumstance arises that results in an actual (not perceived) injustice. The Board did not determine this to be the case. 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, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 31 Aug 13 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-2021-00418 in Executive Session on 22 Jul 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 15 Sep 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 Applicant, dated 11 May 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.