RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04051
            INDEX CODE:  100.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His name be changed from XXXX to XXX and gender changed from  male  to
female in his military personnel records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires to obtain a statement  of  service  (SOS)  that  lists  his
correct gender (female)  and  direction  for  DEERS  and  the  Defense
Finance and Accounting Service (DFAS) to  correct  their  database  to
reflect the same.  He feels the service he has received as  a  retiree
has been earned and his quality of life is hindered by databases being
incorrect.  These errors have the potential  to  cause  problems  with
medical insurance or other issues.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  21  May  1973  and
continued to reenlist contracting his last enlistment  on  5 September
1989, in the grade of master sergeant for a period of four years.

On 31 August 1993, the  applicant  retired  in  the  grade  of  master
sergeant.  He served 20 years, 3 months, and 10 days of  total  active
military service.

An order of  the  District  Court,  116th  Judicial  District,  Dallas
County, dated 23 February 1999, ordered the applicant’s  name  changed
from    and ordered the applicant’s gender identification changed from
male to female.

A Notification of Change in Service Member’s Official Records, AF Form
281, indicates the name change was completed under the  provisions  of
AFI 36-2608 and Denton County, Texas, decree, granting the  change  of
name of adult.  Copies of the notice were  forwarded  to  the  Federal
Bureau of Investigation (FBI) and the National Personnel Record Center
(NPRC).

On 30 December 2003, HQ AFPC/DPSFCM advised the applicant his  request
to change his name from   and to change his gender from male to female
had been completed.   They  indicated  because  he  had  a  continuing
affiliation with the Air Force as a retiree, they updated his name  in
the military personnel data system (MilPDS).  The update would flow to
his retiree pay file.  They provided an AF Form 281,  Notification  of
Change in Service Member’s Official Records as a source  document  for
the update.  They further advised they were unable to make  an  update
to his gender, as the Air Force has no procedures in place  in  regard
to gender changes.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPS recommended denial.  They indicated they reviewed the  action
taken by the Navy Board for Correction of Military Records (NBCMR) and
the Navy found the existence of an injustice warranting partial relief
in the cases the applicant enclosed.  They, however, did  not  see  an
injustice  in  the  applicant’s  personnel  record.   The  Air   Force
personnel record correctly reflects the applicant’s  name  and  gender
during the period of service and  on  the  date  of  retirement.   The
current name and gender information  does  not  mirror  the  name  and
gender information contained  in  the  personnel  record.   Therefore,
correcting  the  applicant’s  historical  records  is  an  unjustified
action.  Additionally, an  SOS  has  no  significance  when  verifying
military  service.   Any  organization  attempting   to   verify   the
applicant’s service will ask for the DD Form 214.  In this  case,  the
information on the DD Form 214 is correct as of the date the applicant
retired from the United States Air  Force.   As  such,  the  applicant
would  have  to  provide  the  organization   additional   information
concerning the  discrepancy  between  the  DD  Form  214  and  present
circumstances.  Therefore, they believe issuing an SOS, similar to the
ones issued by the Navy, is an inappropriate action to  take  on  this
application.   The  Air  Force  and  Department  of  Defense  have  no
procedures in place in regard to this type of change.  The applicant’s
records correctly  reflect  the  legal  name/gender  under  which  the
applicant served and retired.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated she is not  asking
the Board to correct her  DD  Form  214  or  any  other  part  of  the
historical service records since the records  correctly  show  that  a
male [applicant’s original name] served in the Air Force from  21  May
1973 until retirement on 31 August 1993.  She is aware a statement  of
service has no significance when verifying military  service.   It  is
because of her continuing affiliation with the Air Force as a  retiree
that her name could be updated and why her  gender  marker  should  be
also.

Applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

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  injustice  warranting  partial  relief.    The
applicant contends her quality of  life  has  been  hindered  by  DFAS
databases being incorrect.  She feels these errors have the  potential
to cause a variety of  problems.   After  reviewing  the  evidence  of
record, the Board believes the applicant should be provided a document
that not only reflects her current name but also indicates her  active
duty service.  We understand we  should  not  change  the  applicant’s
original DD Form 214 (Certificate of Release from Active Duty) because
it accurately reflects the applicant’s information during  the  period
of active duty service and should not  be  altered  because  of  post-
service name and gender changes.  On the other hand,  we  believe  the
original DD Form 214 is a hindrance to the  applicant  should  she  be
required to provide documents to a servicing facility for  her  needs,
such as insurance companies, hospitals, places of employment, etc.  We
note the Board for Correction of Naval  Records  (BCNR)  considered  a
similar case and provided that individual with a Statement of  Service
(SOS), but apparently made no further correction to  the  individual’s
records.  We have not been provided a copy of that SOS,  therefore  we
cannot comment regarding what is included on the form.  Regardless, we
are not inclined to provide this applicant with only an SOS.   In  our
opinion, to do so would be arbitrary and capricious if  the  applicant
is not also provided an additional DD Form 214, reflecting her current
name and verifying military service.  As the applicant indicates,  the
SOS does not verify military service.  We have been  advised  that  we
have the authority to issue an additional DD  Form  214  denoting  the
applicant’s current name.  We believe this will provide the  applicant
with adequate documentation to reflect her active duty  service  using
her  current  name.   Presumably  this  should  prevent   embarrassing
questions and hopefully ensure the applicant’s privacy to  the  extent
she wishes.  Therefore, we recommend the records be corrected  to  the
extent indicated below.

5.    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.  If the applicant
believes her gender is not correct on the DEERS records, she may  wish
to apply for a correction of her records under the provisions  of  the
Privacy Act.  We have been advised the applicant  should  forward  her
request to the following address:    , Defense  Manpower  Data  Center
West, DOD Center, Monterey Bay, 400 Giglind Road, Seaside,  CA  93555-
6771.  The applicant may wish to include a copy  of  the  court  order
regarding her gender change and other relevant documentation.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected, as an  exception  to  policy,  by
issuing an additional DD Form 214 (Certificate of Release from  Active
Duty), reflecting in block 1, Name:  , and blocks 2 through 30 reflect
the identical information as indicated on the  original  DD  Form  214
issued on the  occasion  of  retirement,  effective  31  August  1993,
currently in the applicant’s record.

It is further recommended the original  DD  Form  214  issued  on  the
occasion of retirement, effective 31 August 1993, be maintained in the
applicant’s records.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-04051 in Executive Session on 21 April 2004, under the provisions
of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Frederick R. Beaman III, Member
                  Mr. Vance E. Lineberger, Member

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

   Exhibit A.  DD Form 149, dated 1 December 2003, w/atchs.
   Exhibit B.  Applicant’s Military Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPS, dated 18 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 26 March 2004.
   Exhibit E.  Letter, Applicant, undated, w/atchs.



                 THOMAS S. MARKIEWICZ
                 Chair





AFBCMR BC-2003-04051





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

            The pertinent military records of the  Department  of  the
Air Force relating to    , be corrected, as an exception to policy, by
issuing an additional DD Form 214 (Certificate of Release from  Active
Duty), reflecting in block 1, Name:  ,  and  reflecting  in  blocks  2
through 30 the identical information as indicated on the  original  DD
Form 214  issued  on  the  occasion  of  the  applicant’s  retirement,
effective 31 August 1993, currently in the applicant’s record.

            It is further directed the original DD Form 214 issued  on
the occasion of the applicant’s retirement, effective 31 August  1993,
be maintained in the applicant’s records.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency