BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000902 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: AR20160000902 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 Forms 214 for the periods ending 13 January 2005 and 16 October 2009 with the name in block 1 entered as the name shown on the applicant’s court order. No entries should be made in block 18 of the reissued DD Forms 214 listing a previous name or indicating that either DD Form 214 was administratively reissued. This recommended relief is limited to the DD Forms 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: AR20160000902 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 two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change. 2. The applicant states: * he is a transgender man and legally changed his name from Randi D-- to Christopher J-- to match his gender identity * a disclosure of his previous name would disclose his transgender identity and place him at a disadvantage * the injustice may be remedied by issuing him new DD Forms 214 listing his current name 3. The applicant provides: * DD Forms 214 for periods ending 13 January 2006 and 16 October 2009 * Court Order for Change of Name * driver license * medical statement of gender transition CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Wisconsin Army National Guard (WIARNG) on 7 July 2004 under the name "Randi D-- Li--" and identified himself as a female. 2. The applicant entered active duty for training (ADT) on 21 January 2005 and completed required training for award of a health care specialty. The applicant was honorably released from ADT on 13 January 2006. Item 1 (Name (Last, First, Middle) of the DD Form 214 for this period of service shows the name noted on the entrance documents. 3. The applicant reentered active duty on 1 February 2009 and subsequently served in Iraq from April to July 2009. All records related to this mobilization reflected the name as listed on the entrance documents. 4. The applicant was honorably released from active duty on 16 October 2009. Item 1 of the DD Form 214 for this period of service also shows the name as recorded in the entrance documents. 5. The applicant provides * Order for Change of Name, dated 4 February 2015; showing the applicant's name changed to "Christopher J--" * driver license showing the changed name * Medical documents, dated February 2015, confirming the clinical treatment for gender transition to male 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. 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 ARNG in 2004, the applicant's name was listed as "Randi Da-- Li--" and this is the name shown on the applicant's DD Forms 214 for the periods ending on 13 January 2006 and 16 October 2009. 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, the Board may recommend issuing the applicant a new DD Form 214 for each period of service (the period ending 13 January 2006 and 16 October 2009) with the name shown on the 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) AR20160000902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000902 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2