RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01768

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, and NGB Form 22, Report of Separation and Record of Service, 
be changed to reflect his current name.


APPLICANT CONTENDS THAT:

He was a hermaphrodite (born with both male and female sex organs) 
while in the military and had to have surgery to correct the 
problem.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the DD Form 214, Certificate of Release or Discharge 
from Active Duty, on 19 Mar 84, the applicant enlisted in the Air 
Force Reserves (AFRES) under the name currently reflected in his 
records.

According to the DD Form 4/1, Enlistment/Reenlistment Document – 
Armed Forces of the United States, dated 25 Nov 86, the applicant 
enlisted in the Air National Guard (ANG) under the name currently 
reflected in his records.

On 16 Nov 87, the applicant received an honorable discharge, and 
was credited with 3 years, 10 months, and 8 days of total service.

According to the DD Form 4/1, dated 21 Oct 90, the applicant 
enlisted in the AFRES under the name currently reflected in his 
records.

According to documentation provided by the applicant, on 3 Mar 98, 
the 231st Judicial District Court of Tarrant County, Texas, 
ordered the applicant’s former name be changed to reflect his 
current name and that his gender be changed to male.

According to documentation provided by the applicant, on 14 Oct 
96, he was scheduled for a total abdominal hysterectomy (removal 
of uterus) and gonadectomy (surgical removal of an ovary or 
testis).

On 25 Mar 15, the applicant was forwarded a copy of the SAF/MR 
memorandum, dated 9 Mar 15, that was provided in order to comply 
with 10 U.S.C. §1556.  Specifically, the memorandum notes that the 
DD Form 214 is a document primarily created for the benefit of the 
veteran to establish entitlement to various government programs or 
in seeking employment with organizations that grant a veterans' 
preference.  However, any such name change should be limited only 
to the DD Form 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.  The AFBCMR should require 
proof that the applicant's name was legally changed.  A signed and 
authenticated court order should be required. Further, the 
correction should be to the DD Form 214 and for the limited 
purposes of mitigating an injustice caused by use of the DD Form 
214 (Exhibit E).  


AIR FORCE EVALUATION:

ARPC/DPTS recommends denial indicating there is no evidence of an 
error or an injustice.  Per Air Force Instruction 36-3202, 
Separation Documents, the applicant’s DD Form 214 is correct.  
However, at the time of enlistment into the military, the 
applicant’s legal name was the name currently reflected in his 
records.  Per AFI 36-3202, the valid source document for the name 
on the DD Form 214 comes from the DD Form 4/1, Enlistment 
Document.

The complete DPTS evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 1 Aug 14 for review and comment within 30 days (Exhibit D).  As 
of this date, no response has been received by this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate 
the existence of an error.  We took notice of the applicant's 
complete submission in judging the merits of the case.  While the 
Board notes the comment from AFPC/DPTS that the applicant 
enlisted, served, and was separated under his former name, we 
believe the information provided in the applicant’s request 
establishes an injustice.  It is our opinion, should the applicant 
be required to present a DD Form 214 with his former name to 
external audiences, the applicant’s circumstances would require 
him to disclose personal history that is needlessly intrusive 
thereby constituting an injustice.  Further, we note the applicant 
has provided sufficient evidence of a formal name change by an 
authorized court order, a corrected driver’s license, and a 
corrected social security card.  Therefore, we recommend the 
applicant’s record be corrected as indicated below.


THE BOARD RECOMMENDS THAT:

      a.  The applicant’s original DD Form 214, Certificate of 
Release or Discharge from Active Duty, be declared void and a new 
DD Form 214 be issued to reflect the applicant’s name in Block 1.
      
      b.  The applicant’s original NGB Form 22, Report of 
Separation and Record of Service, be declared void and a new NGB 
Form 22 be issued to reflect the applicant’s name in Block 1.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-01768 in Executive Session on 13 May 15 under the 
provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTS, dated 9 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 14.



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