IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005024 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, correction of her DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge and Certificate of Release or Discharge from Active Duty) to show her current name. 2. The applicant states, in effect: * she is a transgender woman who, in 2014, legally changed her name from William Maxxxx Mexxxxx to Whitney Mixxxx Mexxxxx * the appearance of her old name on her DD Form 214 reveals her transgender status; this puts her at risk of being discriminated against and/or harmed * disclosure of her status creates an injustice because of the social stigma associated with being transgender 3. The applicant provides: * court order, dated 20 December 2014 * photocopies of her driver's license and Department of Veterans Affairs identification card * letter, dated 16 October 2013, from the applicant's physician 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 4 May 1970. She was released from active duty on 6 March 1972. Her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed her name as William Mxxxx Mexxxxx. 3. She enlisted in the Georgia Army National Guard (GAARNG) on 11 April 1972 and was then honorably discharged on 9 November 1972 so that she could accept an assignment in the U.S. Army Reserve (USAR). On her enlistment contract and her discharge orders, her name was shown as William Mxxxx Mexxxxx. 4. She was commissioned as a USAR officer and executed her oath of office on 17 March 1975. She was subsequently ordered to active duty on 25 March 1975 and served in a variety of positions until she was honorably released from active duty on 1 January 1987. Her DD Form 214 for this period showed her name as William Mxxxx Mexxxxx. 5. She was recalled to active duty on 13 April 1987 and, based upon the findings of a physical evaluation board, she was retired and placed on the Temporary Disability Retired List (TDRL) effective 28 January 1988. Her DD Form 214 for this period showed her name as William Mxxxx Mexxxxx. 6. Orders Number D167-23, dated 29 August 1989, issued by the U.S. Total Army Personnel Command, removed the applicant from the TDRL due to permanent disability effective 29 August 1989. 7. The applicant provides: a. A court document which verifies she legally changed her name. b. Copies of identification cards indicating her name has changed. Her driver's license additionally shows her gender as female. c. A letter from her physician affirming she is committed to gender identify change and is on appropriate hormone replacement therapy to complete the process. 8. 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 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. c. 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 AND CONCLUSIONS: 1. With respect to any possible changes to her records from her period of service with the GAARNG, as those records are controlled by the State, she would submit a request for correction directly to the GAARNG. As an alternative, she could also send her request to the Chief, National Guard Readiness Center (NGB-ARP-DA), 111 South George Mason Drive, Arlington, VA 22204-1382. 2. The evidence of record shows the applicant's name was consistently listed as William Maxxxx Mexxxxx. Additionally, this is the name listed on the applicant's DD Forms 214 for the periods ending 6 March 1972, 1 January 1987, and 27 January 1988, respectively. 3. 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. 4. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant new DD Forms 214 for the periods ending 6 March 1972, 1 January 1987, and 27 January 1988 with the name shown on her 20 December 2014 court order granting her name change. No entries should be made in block 18 on the reissued DD Forms 214 listing her previous name or indicating that the DD Forms 214 were administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to her previous gender. BOARD VOTE: ___X_____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 6 March 1972, 1 January 1987, and 27 January 1988, respectively, with the name in block 1 entered as the name shown on the applicant’s Court Order Granting Name Change. No entries should be made in block 18 of the reissued DD Forms 214 listing her previous name or indicating that the DD Forms 214 were 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. ABCMR Record of Proceedings (cont) AR20150005024 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005024 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1