IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005856 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 reconsideration of her earlier request to correct the name shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect: * she is a transgender woman who, in 2002, legally changed her name from Kevin Raxxx Guxxx to Deanna Mixxx Guxxx * the appearance of her old name on her DD Form 214 reveals her transgender status * correction is necessary for proper identification when seeking employment or obtaining Veteran's benefits * she asked the Board to change her name on her DD Form 214 in the past and provided evidence in support of her request; her application was denied * she wrote her U.S. Senator seeking relief and stated she had learned of other cases where name-change applications had been granted; she felt it was unjust that her case did not receive the same consideration 3. The applicant provides: * DD Form 214 for the period ending 6 December 1986 * court order, dated 23 September 2002 * notarized statement, dated 27 July 2002, affirming the applicant was taking hormone therapy for gender reassignment * Consular Report of Birth Abroad * letter, dated 7 June 2014, from the Department of Veterans Affairs (VA) * photocopies of two driver's licenses, social security card, and VA identification card * letter, dated 16 October 2013, from the applicant's physician CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Numbers AR20110020133 on 5 April 2012 and AR20120017507 on 16 April 2013. 2. The applicant submitted an initial application, which was denied. She then requested reconsideration, but this request was also denied. However, as noted by the applicant, similar requests submitted after her last reconsideration have been favorably considered by this Board. In view of these circumstances, and as a one-time exception to policy, this application for reconsideration warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 7 December 1983. 4. She was honorably released from active duty on 6 December 1986. Her name is listed as Kevin Raxxx Guxxx. 5. The applicant provides: a. A court document which verifies she has legally changed her name. b. A notarized petition to the court, dated 27 July 2002, affirming the applicant was undergoing hormone therapy as part of her treatment in gender reassignment. c. Consular Report of Birth Abroad which shows the applicant's birth in Seville, Spain. It reflects her current name and lists her gender as female. d. Copies of photo-identification cards as well as her social security card, all indicating her name has changed. Her driver's licenses additionally shows her gender as female. 6. 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 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. c. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)) 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 the applicant's name was consistently listed as Kevin Raxxx Guxxx during her Army service. Additionally, this is the name listed on the applicant's DD Form 214 for the period ending 6 December 1986. 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 6 December 1986 with the name shown on her 23 September 2002 court order granting her name change. No entries should be made in block 18 on the reissued DD Form 214 listing 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. BOARD VOTE: ____x___ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decisions in Docket Numbers AR20110020133 on 5 April 2012 and AR20120017507 on 16 April 2013. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 6 December 1986 with the name in block 1 entered as the name shown on the applicant’s Court Order Granting Name Change. No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating that the DD Form 214 was administratively reissued. _______ _ _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) AR20150005856 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005856 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1