IN THE CASE OF: BOARD DATE: 24 NOVEMBER 20150 DOCKET NUMBER: AR20150004294 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his name as Sage Se ____ vice Renea Michelle W___. 2. The applicant states he is a transgender man. He changed his legal name from Renea Michelle W___ to Sage Se ____ in February 2013. The old name on his DD Form 214 is an injustice because it reveals his transgender status every time it is presented. This is an injustice due to the stigma and discrimination that transgender people experience. 3. The applicant provides: * High School Diploma * Medical gender transition letter * Order and Certificate of name Change * State of Georgia Petition to Change Birth Certificate * Social Security Card * North Carolina Driver License * Reissued birth certificate CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 2 December 1988 under the name of Renea Michelle W___. His record contains numerous documents that all show his name as Renea Michelle W___. His record also contains a few medical and legal documents that show his gender as female. 2. He was retired on 8 January 2000 by reason of disability and he was placed on the Retired List in his retired rank/grade of sergeant/E-5 on 9 January 2000. 3. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his full name listed as W____, Renea Michelle. He signed this form using this name. 4. The applicant provides: * High School Diploma listing his name as Sage Se ____ * Medical gender transition letter, dated 11 November 2014, certifying that he has had the surgery for gender transition from female to male * Order and Certificate of Name Change, dated 5 March 2013, from the State of North Carolina ordering his name change from Renea Michelle W___ to Sage Se ____ * State of Georgia Petition to Change Birth Certificate, dated 21 November 2014, ordering the issuance of a new birth certificate * Social Security Card showing his name as Sage Se ____ * North Carolina Driver License listing his name as Sage Se ____ * Reissued birth certificate, dated 8 December 2014, in the name of Sage Se ____ showing his gender as male 5. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. It states: a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. For block 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). c. For block 18, in part, when a DD Form 214 is administratively issued or reissued, enter “DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date).” However, do not make this entry if the appellate authority; Executive Order; or Headquarters, Department of the Army, directs otherwise. d. On direction of the Army Board for Correction of Military Records (ABCMR) or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards), Army Review Boards Agency, is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows upon enlistment in the RA, the applicant's name was listed as Renea Michelle W___ and this is the name listed on the applicant's DD Form 214 for the period ending 8 January 2000. 2. In the past the ABCMR 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, the unique circumstances of transgender individuals may prevent or delay receipt of benefits for which these individuals must provide a DD Form 214 as proof of military service. 3. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 8 January 2000 with the name shown on his reissued birth certificate, dated 8 December 2014. No entries should be made in block 18 of the reissued DD Form 214 listing his 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 his 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. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined that the evidence presented was insufficient to warrant a recommendation for relief. There was no error in the name shown in the applicant's record at the time, and, as noted above, a post-service name change does not retroactively create an error on the DD Form 214. Filing this Record of Proceedings in the applicant's military service record will provide an adequate explanation of the applicant's post-service name change. 2. In view of the foregoing, the Board recommends that the applicant's request be denied. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004294 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004294 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1