RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00340

XXXXXXXXXXXXXXX 	COUNSEL: NONE

(AKA) XXXXXXXXXXX	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

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

a. His current legal name. 

b. His current gender.

c. The reentry code, separation code, and narrative reason for separation, be changed based on the repeal of Title 10, United States Code, Section 654 (10 U.S.C. § 654).

APPLICANT’S CONTENTIONS

He is a transgender man and is requesting his name be changed to his current legal name according to the court order, birth certificate and identification.  He feels disclosure of his former name identifies his former transgender status and may affect his safety.  He is also asking that homosexual admission be removed from his DD Form 214 and his gender be corrected.     

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman first class (E-3).

On 8 Sep 99, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Air Force under the name of XXX. 

The applicant served in the Air Force from 8 Sep 99 to 9 Jul 03, under the name XXX.  

On 9 Jul 03, the applicant received was honorably discharged.  His reentry code is 2C, Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service, and his separation code and corresponding narrative reason for separation is HRB, Homosexual Admission.   He was credited with 3 years, 8 months, and 25 days of total active service.   

On 14 Jul 20, pursuant to a change of gender, the applicant obtained a court order to change his name to XXX.

On 21 Sep 20, the applicant was issued a Birth Certificate confirming his sex and gender as male. 

For more information, see the excerpt of the applicant’s records 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.  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.

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.

Gender is no longer an authorized entry on the DD Form 214.  DD Forms 214 were first issued on 1 Jan 50, and were titled Armed Forces of the United States Report of Transfer or Discharge, (1950-1972).  In 1972, the name was changed to Report of Separation from Active Duty, and included a gender marker. In 1979 the title was changed to Certificate of Release or Discharge from Active Duty (1979-Present).  The current version does not include the member’s gender.

On 20 Sep 11, with the repeal of the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 U.S.C. § 654, the Department of Defense (DoD) issued supplemental policy guidance on correcting military records of former service members who had been discharged under that law or a precursor.  The guidance applied to the following types of requests:  changing the narrative reason for a discharge; re-characterizing service as honorable; changing a reentry code to one allowing immediate eligibility to reenter service.  The guidance directed that such requests should normally be granted when both of the following conditions are true:  (1) the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT; and (2) there were no aggravating factors in the record, such as misconduct.   For meritorious cases, the guidance further directed the use of “Secretarial Authority” as the new narrative reason for separation, with Separation Program Designator (SPD) code “JFF” and reentry code “1J.”  Finally, the guidance noted that while each request must be evaluated individually, an honorable or under honorable conditions (general) discharge should normally be considered to indicate the absence of aggravating factors.

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 1 Feb 22 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.  While the Board finds no error in the original discharge process, the Board recommends relief based on the repeal of 10 U.S.C. § 654.  The absence of aggravating factors in the applicant’s record meets the criteria of the DoD policy on records correction following the repeal of DADT.  Furthermore, the Board finds the applicant has established that presenting his DD Form 214 with the previous legal name requires a needlessly intrusive explanation of personal history.  The applicant has also requested his gender be changed on the DD Form 214.  However, given that gender is not an authorized entry on the DD Form 214, the Board finds no evidence of an error or injustice in this portion of his request.  In view of the foregoing, the Board recommends the applicant’s records be corrected to the extent indicated below. 

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: 

	a. DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the 9 Jul 03 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.  

	b. His reentry code be changed to IJ and his separation code and corresponding narrative reason be changed to JFF, Secretarial Authority.  

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-2022-00340 in Executive Session on 30 Jun 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 16 Nov 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 1 Feb 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.