RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01862

XXXXXXXXXXXX	COUNSEL:  NONE

(AKA) XXXXXXXXXX	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He strongly desires to reclaim his own birth identity while he continues to search for his biological mother and any of her living relatives.  Based upon the exhaustive research he has conducted, including interviews with several residents from the location where his biological mother was born, he has concluded she may not have willingly given him up for adoption.  The adoption center is conducting their own investigation.  Further, he has reason to believe his adoptive parents and their relatives lied to him for most of his childhood regarding many aspects of his questionable adoption.  Changing his name will assist him in his endeavors to close an extremely unpleasant chapter of his life.  Changing his name on his DD Form 214 will also permit him to maintain his Veterans Administration (VA) benefits.  Finally, he is also a published author and uses JBH on all his novels or any other freelance publications he writes.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4) who served in the Air Force from 10 Feb 81 to 9 Aug 85, under the name KOJ.

On 22 Mar 21, the applicant obtained a court order to change his name to JBH.

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

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 30 Sep 21 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, a majority of the Board concludes that the applicant is not the victim of an error or injustice.  The Board majority finds the applicant did not serve under his new legal name, nor has he established that presenting his DD Form 214 with the previous legal name effectively requires a needlessly intrusive explanation of personal history.    Furthermore, although the applicant claims the name on his DD Form 214 is preventing him from maintaining his VA benefits, he has provided insufficient evidence the current name on his DD Form 214 is precluding him from receiving or maintaining VA benefits. The Board majority also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board majority finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, the Board majority recommends against correcting the applicant’s records.

RECOMMENDATION

The Board majority 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-2021-01862 in Executive Session on 2 Dec 21:

, Panel Chair 
, Panel Member
, Panel Member

A majority of the panel voted against correcting the record.  XXXXXXX voted to correct the record but elected not to provide a minority opinion.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 May 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 30 Sep 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.