BOARD DATE: 26 June 2020 DOCKET NUMBER: AR20200002384 APPLICANT REQUESTS: correction of her DD Form 214 (Report of Separation from Active Duty), for the period ending 13 January 1978 to show her court ordered name change. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Order: Final Decree for Change of Name (Adult or Minor), dated 9 February 2015 * Photocopies of her Driver License and United States of America Passport FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant's complete military records are not available for review. A complete and thorough search for her military records was conducted; however, her records could not be located. This case is being considered based on the documents provided by the applicant. 3. The applicant states she is a transgender woman. She changed her legal name to align with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she shows her DD Form 214. Disclosure of her former name discloses her transgender status, which is an injustice due to the social stigma and discrimination that transgender people face. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current name. 4. The applicant's DD Form 214 shows she enlisted in the Regular Army on January. She was honorably released from active duty on January and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). Item 1 (Last Name - First Name - Middle Name) of her DD Form 214 shows her old name. 5. The applicant provides the following: a. A court document titled Order: Final Decree for Change of Name (Adult or Minor), dated February, granting her request for a name change from her old name to her new legal name. b. Copies of her United States of America Passport and Driver License each showing her sex as "F." 6. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. A post-service name change does not retroactively create an error on the DD Form 214. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, the reason for her separation, her court-ordered name change and the post- service documents provided by the applicant. The Board considered the unique circumstances faced by transgender individuals that may prevent or delay receipt of benefits for which individuals must present a DD Form 214. Based on a preponderance of evidence and to preclude potential unjust circumstances, the Board determined that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service ending January with the following amendments: a. The applicant's legal name, as recorded on the court ordered name change document, will be entered in item 1 (Name), and b. No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name or that indicates the DD Form 214 was administratively reissued. 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. ? REFERENCES: 1. Title 10, United States 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. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect and dated 10 February 2014, 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 Item 1 (Name), 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). c. For Item 18 (Remarks), 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. 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, at the direction of the ABCMR or in other instances when appropriate, 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002384 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1