BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014485 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: 10 January 2017 DOCKET NUMBER: AR20150014485 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant an amendment of the ABCMR's decision in Docket Number AR20130014380, dated 15 April 2014. 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 (Certificate of Release or Discharge from Active Duty), for the period ending 10 January 2013, with the name in block 1 (Name (Last, First, Middle)) entered as it is shown on the applicant’s court order. No entries should be made in block 18 (Remarks) of the reissued DD Form 214, either listing the applicant's previous name or indicating 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. BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014485 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 the previous Army Board for Correction of Military Records (ABCMR) decision that was promulgated in Docket Number AR20130014380 on 15 April 2014. In effect, he requests correction of block 1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 January 2013, to show his full name as Alexander Exxxxx Exxxxx instead of Shawna Lxxxxx Exxxxx. 2. The applicant states: a. He is a transgender man. He changed his legal name from Shawna Lxxxxx Exxxxx to Alexander Exxxxx Exxxxx in 2013 to align his name with his gender identity. 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. b. Disclosure of his former name discloses his transgender status, which is an injustice due to the social stigma and discrimination that transgender people face. His current DD Form 214, which records his previous name, reveals his transgender status every time he shows the form. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing his current name. 3. The applicant provides copies of: * his State of Illinois Certification of Birth Record, issued on 24 December 2014 * his social security card * his State of Kansas Driver's License * a letter from a Department of Veterans Affairs (VA) staff psychiatrist, dated 10 June 2013 * his Order Changing Name, issued by the Butler County District Court, Butler County, Kansas on 28 May 2013 * extracts of VA decision documents 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 ABCMR in Docket Number AR20130014380, dated 15 April 2014. 2. The applicant provides his State of Illinois Certification of Birth Record, issued on 24 December 2014, his social security card, his State of Kansas Driver's License, and extracts of VA decision documents. These documents were not considered in the applicant's original case; therefore, they constitute new evidence that will now be considered. 3. The applicant enlisted in the Regular Army on 16 August 2010, under the name Shawna Lxxxxx Exxxxx. At that time, he identified his gender as female. 4. The applicant was honorably retired from the Army on 10 January 2013, by reason of physical disability, following his completion of 2 years, 4 months, and 25 days of net active service. Block 1 of his DD Form 214 shows his full name as Shawna Lxxxxx Exxxxx. The applicant signed this form using this name. 5. The applicant's full name is consistently represented in documents contained in his official military personnel file (OMFP) as Shawna Lxxxxx Exxxxx. 6. Following his retirement in 2013, the applicant began the gender transition process, thereby changing his gender from female to male. 7. In support of his request, the applicant provides his State of Illinois Certification of Birth Record, his social security card, his State of Kansas Driver's License, and extracts of VA decision documents. These documents reflect his changed name, which was ordered by the Butler County District Court in accordance with his change in gender. 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 provides, in pertinent part, that the DD Form 214 is a summary of a 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. a. 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). b. For block 18 (Remarks), 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. Based on the recommendation of the ABCMR or the Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) is authorized to issue or reissue the 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 issuing a DD Form 215 (Correction to DD Form 214). DISCUSSION: 1. The evidence of record shows the applicant's name was consistently listed as Shawna Lxxxxx Exxxxx throughout his period of active military service. Additionally, this is the name listed on his DD Form 214. 2. Following his medical retirement, he began the gender transition process, in which he began transitioning from female to male. He petitioned the appropriate Court and was granted a legal name change, in accordance with his change in gender. Since his name and gender were changed, his DD Form 214 does not accurately identify him today. Consequently, he has petitioned this Board for correction of his records to remove this error or injustice. 3. 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. 4. The Board may recommend issuing him a new DD Form 214, for the period ending 10 January 2013, with his name shown as it is on his Order Changing Name, issued by the Butler County District Court on 28 May 2013. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014485 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2