BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000047 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: 23 May 2017 DOCKET NUMBER: AR20160000047 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 6 November 1970 with the name in block 1 entered as the name shown on the applicant’s Certificate of Birth issued on 12 April 2012. 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. This recommended relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's military records. ___________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: 23 May 2017 DOCKET NUMBER: AR20160000047 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, issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting her name change. 2. The applicant states she had a sex change and legal name change and had her birth certificate and all other records changed to reflect that she is a female. Her name change and operation occurred in 2011 and record changes have occurred since then. She states that she has lived as a female since 2011. 3. The applicant provides a court document, a letter from physician, an affidavit from a physician, her certificate of birth, and her DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 12 April 1968. The enlistment documents on file confirm the applicant's full name was Ray Henry _____ and her gender was male at the time. 3. The applicant's DA Form 20 (Enlisted Qualification Record) lists the first name as Ray in item 1 (Name (Last first, middle initial) and service number). All documents and orders in the applicant's military personnel record that contain a name and/or gender show the first name Ray and gender as male. 4. The applicant's service record also contains a Standard Form (SF) 88 (Report of Medical Examination), dated 5 November 1970, which list the applicant's name as ______, Ray Henry in item 1 (Last Name - First Name - Middle Name) and gender as male in item 7 (Sex). 5. The applicant was honorably released from active duty on 6 November 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued at that time shows the first and middle name Ray Henry in Block 1 (Last Name - First Name - Middle Name). 6. She provided the following documents: a. A decree from the Circuit Court of the Nineteenth Judicial Circuit, Lake County, IL, dated in 2011 that changed her name from Ray H. B____ to Brenda Renee B____. b. A letter, dated 26 November 2011 from her physician addressed to the U.S. Department of State requesting a passport under her newly chosen name of Brenda Renee _____ to travel to Thailand on 28 October 2011 to undergo gender reassignment surgery. c. An affidavit by her physician verifying completion of gender reassignment from male to female in November 2011. d. A State of Illinois Certificate of Birth issued on 12 April 2012 showing her name is Brenda Renee _____ and her sex is "female." 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, Army Review Boards Agency, 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 shows the applicant served under the name Ray Henry B____ and, in 2011, was granted a name change to Brenda Renee B____ and then underwent gender reassignment from male to female. Her birth certificate reflects her new name and her gender reassignment. 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. 2. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for the period ending 6 November 1970 with the name shown on her Certificate of Birth. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000047 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000047 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2