BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008806 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008806 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. 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 30 August 2013 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 his previous name or indicating that the DD Forms 214 were 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. BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150008806 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 Bryan T. ______ vice Tia M. _______. 2. The applicant states he is a transgender man. The appearance of his old name on his DD Form 214 is an injustice because it reveals his transgender status every time he shows his DD Form 214. The injustice is due to the social stigma and discrimination that transgender people face. 3. The applicant provides a court order changing his name and a letter from a Counseling Psychologist Gender Specialist stating that he is currently in the process of a gender change. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 11 April 2011 under the name of Tia M. _______. His record contains numerous documents that all show his name as Tia M. _______ and his gender as female. 2. He was honorably discharged on 30 August 2013. Block 1 (Last Name, First Name, Middle Name), on his DD Form 214 shows his name listed as Tia M. _______. 3. The applicant provides a court order, dated 17 September 2013, changing his name from Tia M _______ to Brian T. _______ and a letter from a Counseling Psychologist Gender Specialist, dated 20 March 2015, stating that he is currently in the process of a gender change. REFERENCES: 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 ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), 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: 1. The evidence of record shows upon enlistment in the RA, the applicant's name was listed as Tia M. _______ and this is the name listed on the applicant's DD Form 214 for the period ending 30 August 2013. 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 30 August 2013 with the name shown on his 17 September 2013 court order granting his name change. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2