RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05885
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected to reflected her current name and gender.
APPLICANT CONTENDS THAT:
She has been dysphoric since birth and had surgery in 1975. Her
external anatomy is female. All her records were changed to
reflect female except for the DoD records.
She is using the Veterans Affairs (VA) Health system and changing
the records would simplify things.
In support of her requests, the applicant provides copies of her
DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge; birth certificate, probate court orders, drivers
license, passport and various other documents associated with her
appeal.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
Her DD Form 4, Enlistment Record Armed Forces of the United
States, dated 15 Sep 66, and her DD Form 214, issued in
conjunction with her 14 Sep 70 discharge, reflects that she
enlisted, served and was discharged as a male.
According to court orders provided by the applicant, she had three
name changes.
On 24 Mar 15, a copy of the SAF/MR memorandum, dated 9 Mar 15, was
forwarded to the applicant in order to comply with 10 U.S.C.
§1556. Specifically, the memorandum notes that the DD 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.
AIR FORCE EVALUATION:
AFPC/DPSIPP recommends denial. AFI 36-2608, Military Personnel
Records System, states Do not correct records of former members
unless evidence proves the name used while serving with the Air
Force was erroneously recorded. All of the court ordered name
changes occurred after the applicants period of service;
therefore, it does not appear the Air Force erroneously recorded
the applicants name.
A review of the applicants records revealed the applicant
enlisted, served and was discharged as a male. Since the revised
birth certificate was dated 6 Nov 75, which was after the
applicants period of service, it does not appear the Air Force
erroneously recorded the applicants gender.
The complete DPSIRP 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 21 Mar 14, for review and comment within 30 days. As of this
date, no response has been received by this office (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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
changing the applicants gender from male to female. 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. However, given
that her DD Form 214 makes no reference to her gender, we find no
evidence of an error or injustice in this case. Therefore, we
agree with the opinion and recommendation of the Air Force Office
of Primary Responsibility and adopt its rationale as the basis for
our conclusion that the applicant has failed to sustain her burden
of proof of an error or injustice. In the absence of evidence to
the contrary, we find no basis to recommend granting this portion
of the applicants request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice regarding the applicants request to change her name.
In this respect, we note DPSIRP recommends denial and states the
applicants court ordered name changes all occurred after the
applicants period of service. However, it is our opinion that
should the applicant be required to present her DD Form 214 with
her former name to external audiences, the applicants
circumstances would require her to disclose personal history that
is needlessly intrusive. As such, we believe allowing the
applicants DD Form 214 to remain uncorrected would constitute an
injustice. Further, the applicant has provided photocopies of
authenticated court orders, passport, drivers license and a
Medicare health care insurance card that reflects her current
name. Therefore, we find the evidence presented is sufficient to
recommend her name be changed. Accordingly, we recommend her
records be corrected to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The applicants 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 applicants name in Block 1.
The following members of the Board considered AFBCMR Docket Number
BC-2013-05885 in Executive Session on 23 Apr 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members of the panel voted to correct the records as
recommended. The following documentary evidence pertaining to
AFBCMR Docket Number BC-2013-05885 was considered:
Exhibit A. DD Form 149, dated 20 Dec 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIRP, dated 5 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
Exhibit E. Letter, SAF/MR, dated 9 Mar 15.
Exhibit F. Letter, SAF/MRBR, dated 24 Mar 15.
AF | BCMR | CY2013 | BC 2013 02995
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