RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00679
INDEX CODE: 100.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The name and gender on her military records be corrected to her legal name
and her gender be changed to male.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has undergone psychological and medical testing to determine her true
gender. She has also had corrective surgery.
In support of the application, the applicant submits copies of her Record
of Birth, legal name change affidavit, driver’s license, social security
card, and doctor’s statements.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged from active duty due to expiration
term of active obligated service on 26 Aug 90. She had served four years.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSS recommends denial. DPSS states the name and gender in the
service record is correct. The applicant has no continuing affiliation
with the Air Force as a Reserve member or retiree; therefore, changing her
name and/or gender in the service record after the fact is not appropriate.
Air Force Instruction 36-2608 states that the name is not corrected for
former members unless it was recorded originally in error.
The complete DPSS 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 16 May
08, for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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. 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 her period of active
duty service and should not be altered because of post-service name and
gender changes. We believe an additional corrected copy will provide the
applicant with adequate documentation to reflect her active duty service
using her current name. Therefore, we recommend the records be corrected
to the extent indicated below.
_________________________________________________________________
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 release from active duty, effective 26 August
1990, currently in the applicant’s record.
It is further recommended the original DD Form 214 issued on the occasion
of release from active duty, effective 26 August 1990, be maintained in the
applicant’s records.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 9 Sep 08, under the provisions of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Jan Mulligan, Member
Ms. Lea Gallogly, Member
The following documentary evidence was considered in AFBCMR BC-2004-00679:
Exhibit A. DD Form 149, dated 14 Apr 08, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSS, dated 7 May 08.
Exhibit D. Letter, SAF/MRBR, dated 16 May 08.
JAMES W. RUSSELL, III
Panel Chair
AFBCMR BC-2004-00679
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 APPLICANT, be corrected, as an exception to policy, by
issuing an additional DD Form 214 (Certificate of Release from Active
Duty), reflecting in Name: APPLICANT, and blocks 2 through 30 reflect the
identical information as indicated on the original DD Form 214 issued on
the occasion of release from active duty, effective 26 August 1990,
currently in the applicant’s record.
It is further recommended the original DD Form 214 issued on the occasion
of release from active duty, effective 26 August 1990, be maintained in the
applicant’s records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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