RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01340
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

Her DD Form 214, Report of Separation from Active Duty, be 
corrected to reflect her current name and gender.


APPLICANT CONTENDS THAT:

Her name has been legally changed and she has a letter from her 
Veterans Affairs Doctor as to her gender status.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
6 Nov 73.

According to her DD Form 4, Enlistment Record – Armed Forces of 
the United States, dated 6 Nov 73, and her DD Form 214, issued 
in conjunction with her 26 Sep 77 discharge, the applicant 
enlisted, served and was discharged as a male.

On 17 Dec 10, according to documentation provided by the 
applicant, the applicant’s name was legally changed, based on 
the order of change of name, by the state of Georgia.

On 24 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 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 214 and for the 
limited purposes of mitigating an injustice caused by use of 
the DD Form 214 (Exhibit E).


AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial, indicating there is no evidence 
of an error or injustice.  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.”   The court ordered name change 
occurred after the applicant’s period of service; therefore, it 
does not appear the Air Force erroneously recorded the 
applicant’s name. 

A review of the applicant’s records revealed she (he) enlisted, 
served and was discharged as a male.  Since the Department of 
Veterans Affairs clinic letter is dated 3 Sep 13, which is after 
the applicant’s period of service, it does not appear the Air 
Force erroneously recorded the applicant’s gender.

A complete copy of the AFPC/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 25 Apr 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 timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice regarding the 
applicant’s request to change her name.  After a careful review 
of the applicant’s complete submission, we believe that relief 
is warranted.  In the past, the Board has denied similar 
applications on the basis that the DD Form 214 is a historical 
document that should reflect the record as it existed at the 
time the DD Form 214 was created.  The underlying reasoning has 
been that a post-service name change does not retroactively 
create an error on the DD Form 214.  This is still true; 
however, in view of the unique circumstances transgender 
individuals may face, it would be appropriate to issue the 
applicant a new DD Form 214 for the period ending 26 September 
1977.  The DD 214 is a document primarily created for the 
benefit of a veteran to establish entitlement to various 
government programs or in seeking employment with organizations 
that grant a veterans' preference.  Therefore, The Board 
believes the original DD Form 214 may prevent or delay receipt 
of benefits for which the applicant is entitled should she be 
required to provide this document as proof of military service.  
Further, the applicant has provided a photocopy of a certified 
court order that displays her current name.  Therefore, we find 
the evidence presented is sufficient to recommend her name be 
changed.  Although the normal procedure for correcting an error 
on a DD Form 214, is to issue a DD Form 215, Correction to DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
that would not be appropriate in this case.  No entries should 
be made in Item 18, Remarks, of the reissued DD Form 214 
displaying her previous name or indicating that the DD Form 
214 was administratively reissued.  Doing so would undermine the 
purpose of granting relief by drawing attention to her previous 
gender.  This proposed relief is limited to the DD Form 214 in 
question and does not extend to any other documents in the 
applicant's military records.  As for her request for her 
records to be corrected to reflect her gender as female, in view 
of the fact that we have concluded that it would be in the 
interest of justice to re-issue the applicant a new DD Form 214 
with her new name, and said form does not have a field 
reflecting the military member’s gender, it would not be 
appropriate for us to recommend that the DD Form 214 be further 
corrected to reflect her new gender.  Therefore, in view of the 
above, we recommend that 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 the APPLICANT be corrected to show that her DD 
Form 214, Report of Separation from Active Duty, issued in 
conjunction with her 26 September 1977 discharge, be declared 
void and a new DD Form 214, Certificate of Release or Discharge 
from Active Duty, be issued to reflect the name xxxxxxxx in Block 1.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01340 in Executive Session on 21 May 15, under 
the provisions of AFI 36-2603:

	
All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01340 was considered:

	Exhibit A.  DD Form 149, dated 28 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 18 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 14.
	Exhibit E.  Letter, SAF/MR, dated 9 Mar 15.
	Exhibit F.  Letter, SAF/MRBR, dated 24 Mar 15.