RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00292

XXXXXXXXXXX	COUNSEL: NONE

(AKA) XXXXXXXXXXX.	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect:

a. His current legal name
b. His correct date of birth (DOB)

APPLICANT’S CONTENTIONS

His DOB and the spelling of his middle name are incorrect on his DD Form 214.  

In support of his request, the applicant provides a copy of his U.S. Passport that includes a DOB that corresponds with his certified birth certificate, and a copy of his social security card.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

The applicant served in the Air Force from 29 Oct 68 to 27 Oct 72, under the name JHD.  

On 29 Oct 68, according to DD Form 4, Enlistment Contract – Armed Forces of the United States, the applicant enlisted in the Air Force with the correct DOB. 

On 27 Oct 72, the applicant was issued a DD Form 214 (copy 2) with his correct DOB, copy four (4) of the DD Form 214 has the incorrect DOB. 

On 17 May 18, the applicant was issued a certified birth certificate, which indicates a different middle name and DOB from the middle name and DOB on his DD Form 214. 

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 name changes on the DD Form 214 based on error under the following conditions:  (1) the DD Form 214 was erroneous when issued; (2) the applicant provides adequate proof (True Copy Raised Seal, Notarized, or official digital document with electronic signature).  

AFI 36-2608, Military Personnel Records System, Table A7.5 (Correction to Date of Birth), Note 3, provides as follows: Do not correct records of former members unless evidence proves the date of birth used while serving with the Air Force was erroneously recorded.  Required proof is an unaltered original document from the jurisdiction of the applicant’s birth, showing the applicant’s name and date of birth.

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.

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 thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  Pending update of DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), to allow administrative correction of the DD Form 214 without action of the Board, and based on recommendations from the Office of the Secretary of Defense Separations Standardization Working Group, the Board has established a precedent of granting requests for name changes on the DD Form 214 based on error under the following conditions: (1) the DD Form 214 was erroneous when issued; (2) the applicant provides adequate proof (True Copy Raised Seal, Notarized, or official digital document with electronic signature).   In the present case, the Board finds the applicant has met the criteria noted above.  In addition, the Board finds the applicant’s date of birth used while serving with the Air Force was erroneously recorded.  Therefore, the Board recommends the applicant’s records be corrected as indicated below. 

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with the 27 Oct 72 discharge, be declared void; a new DD Form 214 be issued to reflect the following corrections, and no entries be made on the reissued DD Form 214 indicating the name was changed or the DD Form 214 was Administratively reissued. 

	a. Block 1, be changed to reflect his current legal name. 

	b. Block 9, be changed to reflect his correct DOB. 

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-2022-00292 in Executive Session on 21 Jul 22:

 , 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 30 Nov 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, SAF/MR, dated 9 Mar15.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 4 Apr 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.