RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01768
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, and NGB Form 22, Report of Separation and Record of Service,
be changed to reflect his current name.
APPLICANT CONTENDS THAT:
He was a hermaphrodite (born with both male and female sex organs)
while in the military and had to have surgery to correct the
problem.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the DD Form 214, Certificate of Release or Discharge
from Active Duty, on 19 Mar 84, the applicant enlisted in the Air
Force Reserves (AFRES) under the name currently reflected in his
records.
According to the DD Form 4/1, Enlistment/Reenlistment Document
Armed Forces of the United States, dated 25 Nov 86, the applicant
enlisted in the Air National Guard (ANG) under the name currently
reflected in his records.
On 16 Nov 87, the applicant received an honorable discharge, and
was credited with 3 years, 10 months, and 8 days of total service.
According to the DD Form 4/1, dated 21 Oct 90, the applicant
enlisted in the AFRES under the name currently reflected in his
records.
According to documentation provided by the applicant, on 3 Mar 98,
the 231st Judicial District Court of Tarrant County, Texas,
ordered the applicants former name be changed to reflect his
current name and that his gender be changed to male.
According to documentation provided by the applicant, on 14 Oct
96, he was scheduled for a total abdominal hysterectomy (removal
of uterus) and gonadectomy (surgical removal of an ovary or
testis).
On 25 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 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. 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 (Exhibit E).
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there is no evidence of an
error or an injustice. Per Air Force Instruction 36-3202,
Separation Documents, the applicants DD Form 214 is correct.
However, at the time of enlistment into the military, the
applicants legal name was the name currently reflected in his
records. Per AFI 36-3202, the valid source document for the name
on the DD Form 214 comes from the DD Form 4/1, Enlistment
Document.
The complete DPTS 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 1 Aug 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 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 error. We took notice of the applicant's
complete submission in judging the merits of the case. While the
Board notes the comment from AFPC/DPTS that the applicant
enlisted, served, and was separated under his former name, we
believe the information provided in the applicants request
establishes an injustice. It is our opinion, should the applicant
be required to present a DD Form 214 with his former name to
external audiences, the applicants circumstances would require
him to disclose personal history that is needlessly intrusive
thereby constituting an injustice. Further, we note the applicant
has provided sufficient evidence of a formal name change by an
authorized court order, a corrected drivers license, and a
corrected social security card. Therefore, we recommend the
applicants record be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
a. 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.
b. The applicants original NGB Form 22, Report of
Separation and Record of Service, be declared void and a new NGB
Form 22 be issued to reflect the applicants name in Block 1.
The following members of the Board considered AFBCMR Docket Number
BC-2014-01768 in Executive Session on 13 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPTS, dated 9 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 14.
3
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