IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015867 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 February 2017 DOCKET NUMBER: AR20150015867 BOARD DETERMINATION/RECOMMENDATION: 1. 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 a DD Form 214 for the period ending 23 November 2006 with the name in block 1 entered as recorded in the Superior Court of Arizona court order. No entries should be made in block 18 of the reissued DD Form 214 listing previous name(s) or indicating that the DD Form 214 was administratively reissued. 2. The Board notes that the applicant was discharged by reason of homosexual conduct. The applicant is advised that, subsequent to the repeal of "Don't Ask, Don't Tell," the Department of Defense published guidance for correcting the records of Soldiers discharged for homosexual conduct. If she so desires, she may submit a new application to this Board requesting that the reason for her separation be changed. _____________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 February 2017 DOCKET NUMBER: AR20150015867 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 her DD Form 214 (Certificate or Release or Discharge from Active Duty) to reflect a court-ordered name change. 2. The applicant states she is a transgender woman. By court order she changed her name in 2013. The appearance of her former name on her DD Form 214 is an injustice because it reveals her transgender identify every time she is required to show her DD Form 214. Disclosure of her former name, in effect, discloses her transgender status. This is an injustice due to the social stigma and discrimination that transgender people encounter. 3. The applicant provides: * Superior Court of Arizona court order * Arizona Commercial Driver License * U. S. Passport * State of Nevada Marriage Certificate * Department of Veterans Affairs clinical psychologist letter CONSIDERATION OF EVIDENCE: 1. The applicant’s DD Form 214 shows she served on active duty from 9 August 2001 to 23 November 2006 when she was honorably discharged. Item 1 (Name – Last, First, Middle) shows the name "T____, Jesse A." 2. On 13 January 2013, the Superior Court of Arizona granted the applicant's request changing her name from "Jesse Allen T____" to "Julie Ann T____." 3. In support of the application, the applicant provides the following documents: a. A copy of the court order. b. A State of Arizona Commercial Driver License showing her court ordered name change. c. A State of Nevada Marriage Certificate, issued 2 March 2015, showing her court ordered name change. d. A United States Passport, issued 12 January 2015, showing her court ordered name change. e. A letter, dated 12 December 2014, from a Department of Veterans Affairs clinical psychologist who confirms the applicant's gender transition. REFERENCES: 1. 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 prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. 2. 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, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File. a. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for: (1) item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed. 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 item 18 (Remarks). (2) 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 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 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, the Board may recommend issuing the applicant a new DD Form 214 for the period ending 23 November 2006 with the name as it appears in the Superior Court of Arizona court order. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015867 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015867 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2