RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01408
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

The DD Form 214, Report of Separation from Active Duty, be amended to read “XXXX” rather than “XXXX” and “XXXX” rather than “XXXX”.  


APPLICANT CONTENDS THAT:

The DD Form 214 is a record presented to confirm status as a veteran.  The applicant experiences great difficulty, extreme embarrassment, and frequent personal danger in trying to explain the current document.  Although the DD Form 214 accurately portrays the applicant’s service rendered to the country, it no longer reflects the person in which the applicant has become.  The applicant did not know until sometime in 2012 that this record could be corrected or certainly the applicant would have applied sooner.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 January 1964.  

On 15 May 1977, the applicant was furnished an honorable discharge, and was credited with 13 years, 10 months, and 3 days of active service.  

On 24 August 2007, a Final Judgment of Name (Adult) was issued in and for Lake County, Florida, by the Circuit Court of The Fifth Judicial District, which reflects the applicant’s name was changed.  

On 14 October 2008, in accordance with documentation provided by the applicant, genital reassignment surgery was performed.  

On 8 October 2010, an Order For Change of Gender and Issuance of New Birth Certificate, was issued in Los Angeles, California, by the Superior Court of California, County of Los Angeles, which reflects the court ordered a new birth certificate reflecting a change of gender.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and F.  


AIR FORCE EVALUATION:

AFPC/DPSIRP recommends denial.  Air Force Instruction 36-2608, Military Personnel Records System, indicates the records of a former member are not to be corrected unless evidence proves the name used while serving with the Air Force was erroneously recorded.  A review of the applicant’s records revealed enlisted service, and discharge under the applicant’s former name.  The court order provided by the applicant indicates a name change on 24 August 2007, which is after the applicant’s period of service.  Therefore, it does not appear that the Air Force erroneously recorded the applicant’s name.  Since the applicant has no continuing affiliation with the Air Force as a Reserve member or retiree, they are unable to amend the applicant’s military record after the fact.  

There is no statutory guidance that provides direction for correcting military records to reflect a change in gender.  However, using the same rationale applied to the name change, a review of the applicant’s records revealed an enlistment, service, and discharge under the applicant’s former gender.  Since the Trinidad Reproductive Healthcare letter is dated 15 October 2008, 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:

The applicant states he was born with a condition called “gender dysphoria”.  It had no visible components and manifested itself only when the applicant became aware of the differences in gender.  By the age of four, the applicant was firmly convinced of being of the opposite gender.  The applicant joined the military and retired from 30 years of government service.  At that time, the applicant began feeling the effects of gender dysphoria even more keenly.  The ever increasing stress led to seriously considering suicide; however, the applicant decided to transition.  In 2009, the American Medical Association declared that gender dysphoria was a legitimate medical condition and should be treated by medical intervention.  The applicant was ahead of the power curve, because in 2007, the applicant had a legal name change and began living full time as the opposite gender.  After being certified as sane and competent by a psychologist and a psychiatrist, the applicant had the final surgery in 2008.  

As of today, all the applicant’s records reflect the current name and gender, except for the DD Form 214.  The applicant must often show the DD Form 214 for certain benefits.  To do so is beyond embarrassing, as it does not match any of the applicant’s other identifications and immediately outs the applicant as some kind of freak.  The applicant values the time in the service and would like to take part in military related activities; however, whenever asked to show the DD Form 214, the applicant must rate the value of showing it to the chance of being rejected or physically hurt.  

A copy of the applicant’s complete response is at Exhibit E.


ADDITIONAL AIR FORCE EVALUATION:

SAF/MR provided a memorandum of guidance with regard to name changes.  The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR’s statutory authority under 10 U.S.C. § 1552, where there is error or injustice.  Specifically, the memorandum notes that the DD Form 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.

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.

A complete copy of the SAF/MR evaluation is at Exhibit F.  


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reiterates the humiliation experienced whenever attempts are made to use the existing DD Form 214.

A copy of the applicant’s complete response is at Exhibit H.  


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 error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Principal Deputy Assistant Secretary for Manpower and Reserve Affairs (SAF/MR) and adopt his rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  In this respect, we believe that should the applicant be required to present a DD Form 214 with the former name to external audiences, the applicant’s circumstances would require disclosure or personal history that is needlessly intrusive.  As such, we believe allowing the applicant’s DD Form 214 to remain uncorrected would constitute an injustice.  Further, we note the applicant has provided sufficient evidence of a formal name change by an authorized court order.  Therefore, we find the evidence presented is sufficient to recommend the applicant’s name be changed and recommend the record be corrected as indicated below.  

4.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s records to reflect a change in gender.  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.  In this respect, since the applicant will be issued a new DD Form 214 due to our recommendation to correct the name change and the new DD Form 214s no longer contain a gender block, there is no basis to recommend granting this portion of the applicant’s request.  


THE BOARD RECOMMENDS THAT:

The applicant’s original DD Form 214, Report of Separation from Active Duty, be removed, and a new DD Form 214 be issued to reflect the current name in Block 1.  


The following members of the Board considered AFBCMR Docket Number BC-2014-01408 in Executive Session on 28 April 2015 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member
All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01408 was considered:

	Exhibit A.  DD Form 149, dated 30 March 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIRP, dated 13 May 2014.
	Exhibit D.  Letter, SAF/MRBR, dated 1 October 2014.
	Exhibit E.  Letter, Applicant, dated 6 October 2014.
	Exhibit F.  Memorandum, SAF/MR, dated 9 March 2015.
	Exhibit G.  Letter, SAF/MRBR, dated 1 April 2015.
	Exhibit H.  Letter, Applicant, dated 6 Mar 15, received 
                 9 April 2015, w/atchs.