` BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005140 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 military records to reflect his new name and gender. He requests, in effect, to be issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2010, that accurately reflects who he is by changing his name from O--a S------r M------z to O--r S-------n M------z. 2. The applicant states he changed his name and gender identity. Disclosure of his former name, in effect, discloses his transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. 3. The applicant provides: * Decree Changing Name of Adult * Decree Changing Name and Gender Designation of Adult * a Doctor’s letter * Texas Identification Card * United States Uniform Services Retired Identification Card * U.S. Department of Veterans Affairs Member Identification Card * Texas Department of Public Safety Temporary Permit 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 record shows the applicant enlisted in the Army of the United States on 16 July 1973. The documents filed in the applicant's record show the applicant's name as O--a S------r M------z and gender as female. 3. Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed as an officer in the Army of the United States, in the rank of second lieutenant on 11 March 1986. The DA Form 71 (Oath of Office – Military Personnel) issued at the time lists the applicant's name as O--a S------r M------z. 4. On 31 October 2010, the applicant was honorably released from active duty (REFRAD) in the rank of lieutenant colonel and transferred to the USAR Control Group (Reinforcement) for completion of his remaining Reserve obligation. The DD Form 214 issued at the time lists the applicant's name as O--a S------r M------z in item 1 (Name) and the applicant signed the same. 5. The applicant provides the following: a. a sworn statement from a physician, notarized in October 2010, confirming surgical operations were performed to completely change the applicant's gender from female to male; b. a Decree Changing Name and Gender Designation of Adult, dated 18 April 2011, which legally changed the applicant's name from O--a S------r M------z to O-i S-------n M------z and her gender to male; c. a Decree Changing Name of Adult, dated 17 October 2014, which legally changed the applicant's name to O--r S-------n M------z; and d. identification cards from the Department of Defense and Department of Veterans Affairs which show the applicant's name as O--r S-------n M------z. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to conform to his gender reassignment and legal name change that occurred after he completed his contracted military service. 2. The ABCMR has, in the past, 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. 3. This is still true; however, the applicant's unique circumstances as a transgender individual warrant further consideration, since denying his request could prevent or delay his receipt of benefits for which he 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 him a new DD Form 214 for the period ending 31 October 2010 with the name shown on his Decree Changing Name of Adult, dated 17 October 2014, which legally changed the applicant's name from O-i S-------n M------z to O--r S-------n M------z. 5. No entries should be made in item 18 (Remarks) of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in his military records. 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 a DD Form 214 for the period ending 31 October 2010 with the name in item 1 entered as the name shown on the applicant's Decree Changing Name of Adult, dated 17 October 2014, which legally changed the applicant's name from O-i S-------n M------z to O--r S-------n M------z. No entries should be made in item 18 of the reissued DD Form 214 listing his previous name or indicating 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. ABCMR Record of Proceedings (cont) AR20150005140 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005140 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1