RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01605

XXXXXXXXXXXX  	COUNSEL:  NONE

(AKA) XXXXXXXXXXX	HEARING REQUESTED:  YES 

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect:

a. Block 1, Name, from SAK to SAF
b. Block 4a, Grade, Rate or Rank, from “SrA” to “SSgt”
c. Block 12a, Date Entered AD this Period, from “1990 Nov 17” to “1986 Jul 01”
d. Block 12b, Separation Date this Period, from “1990 Nov 17” to “1995 Jun 30”

APPLICANT’S CONTENTIONS

She needs her DD Form 214 for help with the Veterans Administration and other organizations.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air National Guard staff sergeant (E-5).

The applicant served in the Air National Guard from 1 Jul 86 to 30 Jun 95, under the names SAK and SAF.  

On 17 Nov 90, the applicant was issued a DD Form 214, under the name SAK, for service under Operation DESERT SHIELD/STORM, and was credited with one (1) day active service.

On 4 Aug 94, pursuant to a divorce, the applicant changed her name to SAF.

On 30 Jun 95, the applicant was furnished an honorable discharge from the Air National Guard, and credited with nine years total service for pay.

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

APPLICABLE AUTHORITY/GUIDANCE

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 C.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY/GUIDANCE

The Board sent a copy of the SAF/MR memorandum to the applicant on 10 Sep 21, for comment (Exhibit D), but has received no response.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying application. The applicant has a DD Form 214 in her records for the period 17 Nov 90 to 17 Nov 90 in support of Operation DESERT SHIELD/STORM.  She was promoted to staff sergeant (SSgt) on 1 May 92, and was divorced on 4 Aug 94.  At the time of issuance of the aforementioned DD Form 214, the applicant’s name was SAK and her rank was senior airman (SrA).  

The DD Form 214 is not a comprehensive document that captures all inactive/active duty time or is automatically issued upon retirement, separation, or discharge for Air National Guard members.  The DD Form 214 is only created when the member’s service meets the criteria in accordance with Air Force Instruction (AFI) 36-3202, Separation Documents, Table 2 and paragraph 4.5., “ANGUS members must serve 90 continuous calendar days or more active duty or be ordered to active duty in support of a national emergency or war, regardless of length of time, to qualify for a DD Form 214.”   Additionally, the applicant’s rank and name on the DD Form 214 was correct when it was issued.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Nov 21 for comment (Exhibit F), 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 her DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history.  Additionally, the applicant’s rank and service dates on the DD Form 214 are correct and in accordance with AFI 36-3202.  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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-01605 in Executive Session on 20 Jan 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 24 Mar 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 March 2015.
Exhibit D:	Notification of Memorandum, SAF/MRBC to Applicant, dated 10 Sep 21.
Exhibit E:	Advisory, ARPC/DPTS, w/atchs, dated 30 Sep 21.
Exhibit F:	Letter, SAF/MRBC, dated 3 Nov 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.