RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01203

XXXXXXXXXXX	COUNSEL: NONE

(AKA) XXXXXXXXXXX	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 current legal name.

2.  The name on her medical and dental records be changed.

APPLICANT’S CONTENTIONS

She is divorced and her last name has been updated legally.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).

The applicant served in the Air Force from 1 Aug 06 to 31 Jul 12, under the names XX and XX.

On 24 Jul 19, pursuant to a divorce, the applicant obtained a court order to change her name from XX to XX, her maiden name.

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.

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.  Nonetheless, any such name change should be limited only to the DD 214; any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases. 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 9 Jul 21 for comment (Exhibit D), 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 that the applicant is the victim of an injustice and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  The applicant has not established that changing the name on her medical and dental records is an error or injustice.  As noted in the SAF/ MR memorandum, corrections of the name should be limited to the DD Form 214 and any change to an applicant's other records to reflect a post-service name change should rarely be recommended, and only in the most unusual cases.  Notwithstanding the above, 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.  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 Jul 12 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.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-01203 in Executive Session on 23 Sep 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 23 Jan 21.
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 9 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.