BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20170005434 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: 4 May 2017 DOCKET NUMBER: AR20170005434 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 Form 214 for the period ending 31 July 2005 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 Form 214 listing a previous name or indicating that 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: 4 May 2017 DOCKET NUMBER: AR20170005434 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 of Release or Discharge from Active Duty) to show her legal name change. 2. The applicant states: * she is a transgender woman and legally changed her name from to match her gender identity * a disclosure of her previous name would disclose her transgender identity and place her at a disadvantage the injustice may be remedied by issuing her new DD Form 214 listing her current name she asks that no entries be made in block 18 (Remarks) reflecting her previous name 3. The applicant provides: * DD Form 214 ending on 31 July 2005 * Court Order for Change of Name * State driver license * Medical statement of gender transition * U.S. Passport 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 was appointed as a Regular Army officer on 16 May 1981 under the name of The service record contains numerous documents that all show the name used upon entry onto active duty. 3. The applicant served in a variety of stateside or overseas assignments and was promoted to lieutenant colonel (LTC). 4. The applicant was honorably retired on 31 July 2005 and was placed on the retired list in the retired grade of LTC on 1 August 2005. Item 1 of the DD Form 214 for this period of service shows the name as recorded in the entrance documents. The applicant signed the separation form. 5. The applicant provides * Order for Change of Name, dated 20 June 2006, showing her name changed to Reissued driver license and U.S. Passport showing the changed name * Medical documents, dated August 2007, confirming the clinical treatment for gender transition to 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. 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 entry on active duty in 1981, the applicant's name was listed as and this is the name shown 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 the name shown on the court order. This proposed relief would be limited to the DD Form 214 in question. No entries would be made in block 18 of the reissued DD Form 214 listing the previous name or indicating that the DD Form 214 was administratively reissued, as doing so would undermine the purpose of the relief by drawing attention to the applicant's previous gender. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS