IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011661 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 IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011661 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by reissuing two DD Forms 214 (one for the period 16 August 1977 through 1 June 1992 and another for the period 2 January 1996 through 28 February 2001) with the name in item 1 (Name) as that which appears in the Superior Court of California, County of San Joaquin, Stockton, California, Decree Changing Name and Gender, granted 13 March 2015. No entries should be made in item 18 (Remarks) of the reissued DD Forms 214 listing the 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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011661 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, in effect, correction of a DD Form 214 (Certificate of Release or Discharge From Active Duty) to conform to a court-ordered name change. 2. The applicant states, in effect, he is a transgender male and his former name on his DD Form 214 discloses his transgender status. He states the request is supported by the Decree Changing Name and Gender issued by the Superior Court of California, County of San Joaquin, on 13 March 2015, and his letter to the Social Security Administration, dated 13 March 2015, applying for a new Social Security card (letter was not provided with application). 3. The applicant provides copies of a: * Standard Form 180 (Request Pertaining to Military Records) * two DD Forms 214 * Court Decree Changing Name and Gender CONSIDERATION OF EVIDENCE: 1. A DD Form 214 shows the applicant entered active duty this period on 16 August 1977, was honorably released from active duty (REFRAD) on 1 June 1992, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 1 (Name – Last, First, Middle) shows the name "D____, Ricky Gene." 2. A DD Form 214 shows the applicant entered active duty this period on 2 January 1996, was honorably REFRAD on 28 February 2001, and transferred to the California Army National Guard. Item 1 shows the name "D____, Rick G." 3. A review of the applicant's Army Military Human Resource Record (AMHRR) in the U.S. Army Human Resources Command, Integrated Web System, shows in the Transaction History that, on 26 June 2015, the applicant followed-up on a request to change the name and gender in his military records. It shows his name was updated in the AMHRR, but not the gender. 4. A DA Form 5016 (Chronological Statement of Retirement Points), dated 16 June 2016, shows the applicant's name as "D____, Ricki Jean." 5. In support of the request the applicant provides, in pertinent part, a Superior Court of California, County of San Joaquin, Stockton, CA, Decree Changing Name and Gender, that shows the applicant's petition to change name and gender was granted on 13 March 2015. The court ordered a change in name from "Ricky Gene D____" to "Ricki Jean D____" and a change in the gender of "Ricki Jean D____" from "male" to "female." The court also ordered that a new birth certificate be issued reflecting the changes in name and gender. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. * item 1, enter name in all capital letters; include "JR," "SR," or "II", if appropriate. If a name change has occurred, list other names of record in item 18 (Remarks). * item 18, 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. b. On direction of the ABCMR or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 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 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, there are unique circumstances for transgender individuals. Those circumstances are such that they may prevent or delay receipt of benefits for which these individuals must provide a DD Form 214 as proof of military service. 2. Considering the unique circumstances of transgender personnel, in this case, it would be appropriate to reissue the applicant two new DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011661 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2