IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20160002061 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: 18 October 2016 DOCKET NUMBER: AR20160002061 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 records of the individual concerned be corrected by issuing the applicant a new DD Form 214 for the period ending 17 May 1989 with his name entered in block 1 as it is shown on his Decree Granting Change of Name of Adult dated 26 May 1994. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that his 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: 18 October 2016 DOCKET NUMBER: AR20160002061 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his full name as Steven Eron D___. 2. The applicant states he is a transgender man. He changed his legal name from Shelia Evette D___ to Steven Eron D___ in 1994, as evidenced in his name change order, to align his name with his gender identity. The appearance of his old name of his DD Form 214 is an injustice because it reveals his transgender status every time he shows his DD Form 214. There is a social stigma and discrimination that transgender people face, and the injustice can be remedied by issuing a DD Form 214 that lists his current name. He was not previously aware that it was possible to remedy this injustice. 3. The applicant provides: * social security card * driver license * Decree Granting Change of Name of Adult, issued in the District Court, 116th Judicial District, Dallas County, TX, dated 26 May 1994 * marriage certificate * a letter from the American Institute for Plastic Surgery, dated 19 November 2015 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 24 June 1987. He was discharged on 17 May 1989. Block 1 (Name (Last, First, Middle)) of his DD Form 214 for this period shows the name as Shelia (sic) Evette D___. 3. The applicant's full name is consistently represented in his military records as Sheila Evette D___. 4. In support of his request, the applicant provides: a. social security card with the name of Steven Eron D___. b. driver license with the name listed as Steven Eron D___. c. Decree Granting Change of Name of Adult, issued in the District Court, 116th Judiical District, Dallas County, TX, dated 26 May 1994, which legally changed his name from Sheila Evette D___ to Steven Eron D___. d. Marriage License, dated 5 May 2006. e. A letter from the American Institute for Plastic Surgery, dated 19 November 2015, which states the applicant underwent gender reassignment surgery performed by the letter's author on 13 January 2003 to irreversibly and permanently correct his anatomy and appearance. 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: a. 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. 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 Army Board for Correction of Military Records (ABCMR) or the Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards), 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 of record shows the applicant's name was consistently listed as Shelia Evette D___ during his military service. Additionally, this is the name listed on the applicant's DD Form 214. 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 with his name listed as it is shown on his Decree Granting Change of Name of Adult, issued by the District Court, 116th Judicial District, Dallas County, TX, on 26 May 1994. No entries would be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the form was administratively reissued as doing so would undermine the purpose of granting relief by drawing attention to his previous gender. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002061 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002061 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2