RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00837
INDEX CODE 100.01
COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
Military records be changed to reflect the current legal name and
gender of “???, female,” rather than “???, male.”
APPLICANT CONTENDS THAT:
[The applicant makes no contentions, providing only a 12 March 1999
Travis County, TX, court order reflecting a name and gender change.]
A copy of applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The applicant retired for length of service on 1 April 1997 in the
grade of technical sergeant with 20 years and 3 days of active duty.
The remaining relevant facts pertaining to this application, extracted
from the applicant's court order and military records, are contained
in the letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
AIR FORCE EVALUATION:
The Staff Judge Advocate (SJA), HQ AFPC/JA, reviewed this appeal and
advises that the Air Force is not subject to the court order, as it is
not a public agency within the jurisdiction of the court. In addition,
the Air Force has made no provision for changing an active, Reserve,
or retired member’s gender in its records. It is the SJA’s opinion
that the Air Force is not legally required to recognize a
transsexual’s sex change, even if it fell under the jurisdiction of
the court issuing the order. Neither the Department of Defense or Air
Force policy provides for such recognition. Even if the applicant’s
sex change were recognized, the military records came to a
chronological end on 31 March 1997, the date of the applicant’s
retirement. Accordingly, denial is recommended.
A complete copy of the evaluation is at Exhibit C.
The Records Procedures Branch, HQ AFPC/DPSRP, reviewed the case and
provided two letters to the applicant, essentially advising that the
name change was effected by AF Form 281, Notification of Change in
Service Member’s Official Record, and that the gender change was being
processed through the AFBCMR.
Complete copies of the letters, with attachment, are at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluation and letters were forwarded
to the applicant on 7 June 1999 for review and comment within 30 days.
As of this date, this office has received no response.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that relief is warranted. We note that HQ AFPC/DPSRP advised
the applicant that AF Form 281, Notification of Change in Service
Member’s Official Records, affected the name change in the Air Force
Personnel Data System. What this means is that the AF Form 281
corrects all documents in the personnel file and retired pay account
and may be used in conjunction with any form bearing the former male
name. Outside of the AF Form 281, however, all other documents in the
applicant’s military personnel records, such as the DD Form 214, will
reflect the original male name. The sex also remains male. We do no
believe further correction is appropriate due to the fact that, at the
time of the applicant’s enlistment and discharge, the gender and name
were male. Therefore, we find no compelling basis upon which to
recommend granting this appeal.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following members of the Board considered this application in
Executive Session on 21 January 2000, under the provisions of AFI 36-
2603:
Mr. Benedict A. Kausal IV, Panel Chair
Mr. Patrick R. Wheeler, Member
Ms. Rita J. Maldonado, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/JA, dated 5 May 99.
Exhibit D. Letters, HQ AFPC/DPSRP, dated 10 & 13 May 99,
w/atchs.
Exhibit E. Letter, AFBCMR, dated 7 Jun 99.
BENEDICT A. KAUSAL IV
Panel Chair
To grant the relief sought would cause undue administrative burdens on the military records custodian in the correction of records that were not recorded in error. The original male name and gender on Chief ’s DD Form 214 were correct at the time the document was issued; 2. CHARLENE M. BRADLEY Panel Chair Attachment: Record of Proceedings AFBCMR 98-02489 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: I have carefully reviewed the...
THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. REQUESTED ACTION: ' Member wants sex/gender marker of male on master ' personnel record and master personnel files changed to...
AF | BCMR | CY2002 | BC-2002-00989
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00989 INDEX CODE 100.01 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The DD Form 214 issued upon retirement be changed to reflect the current legal name of “------.” rather than “-----.” _________________________________________________________________ APPLICANT CONTENDS THAT: On 12 February 2002, she...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 00-00868 INDEX CODE 100.01 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The military records be changed to show a name and gender of “Holly E.” and “female” rather than “Stephen R.” and “male.” _________________________________________________________________ APPLICANT CONTENDS THAT: The Department of the...
AF | BCMR | CY2004 | BC-2003-04051
The Air Force personnel record correctly reflects the applicant’s name and gender during the period of service and on the date of retirement. In regard to the applicant’s request to have her DEERS record reflect a change in gender, the applicant is advised that those records are controlled at the Department of Defense level and as such, the Board is not authorized to change these records. Exhibit B. Applicant’s Military Personnel Records.
AF | BCMR | CY2013 | BC 2013 02995
Her records be corrected to reflect her name change. For these reasons, she believes her request to change her gender on her military records be allowed. We note the SAF/MR memorandum dated 9 March 2015, states that corrections to the DD Form 214 should be for the limited purposes of mitigating an injustice caused by use of the DD Form 214.
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Therefore, the applicant’s ADSC in the PDS should reflect a date of 20 July 2002. While they do not support the applicant’s request to change his ADSC to 26 June 2002, they do recommend the ADSC be changed to 20 July 2002 based upon the AF Form 475 (Exhibit C). ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he incurred a...
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