IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005983 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 the DD Form 214 (Certificate or Release or Discharge from Active Duty), issued on 9 June 2005, to conform to a court-ordered name change, as well as correction of the name and gender identification in the Defense Enrollment Eligibility Reporting System (DEERS). 2. On 7 July 2014, a court-order legally changed the applicant's name from "Amanda Joy E____" to "Andrew John E____." The applicant states that the former name on the DD Form 214 discloses transgender status. This is an injustice because of the social stigma and discrimination against those who are transgender. 3. The applicant provides copies of: * the DD Form 214 * court order for change of name * a physician's letter * District of Columbia Driver License and Social Security card CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 8 March 2001 for a period of 8 years. Item 1 (Name – Last, First, Middle) shows the name "E____, Amanda Joy." 2. A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 20 March 2001, honorably released from ADT on 15 August 2001, and transferred to a USAR unit. Item 1 (Name – Last, First, Middle) shows the name "E____, Amanda Joy." 3. A review of the applicant's military personnel record in the U.S. Army Human Resources Command, Integrated Web System, shows, in pertinent part, the applicant's USAR military service. The Retirement Points Detail record shows creditable service in the USAR from March 2001 through February 2002. 4. A DD Form 4 shows the applicant enlisted in the Regular Army (RA) on 4 March 2002 for a period of 3 years. Another DD Form 4 shows the applicant reenlisted in the RA on 4 October 2004 for a period of 4 years. Item 1 of both DD Forms 4 show the name "E____, Amanda Joy." 5. A DD Form 214 shows the applicant was honorably discharged on 9 June 2005. It also shows in: * item 1: "E____, Amanda Joy" * item 12 (Record of Service) – * * block a (Date Entered Active Duty This Period): "2001 09 26" (26 September 2001) * block c (Net Active Service This Period): 3 years, 8 months, 14 days 6. In support of the request, the applicant provides the following documents: a. Superior Court of the District of Columbia, Civil Division, Washington, DC, Order for Change of Name, that shows on 7 July 2014 the Application for Change of Name of an Adult was granted and the court ordered that "Amanda Joy E____" shall be known as "Andrew John E____." b. A letter written by Doctor C___ K____, Dean Clinic – Aesthetic Surgery Center, Middleton, WI, and addressed to the U.S. Social Security Administration, dated 21 July 2014, in which he stated the applicant received treatment for a gender change from female to male in the form of irreversible chest masculinization surgery on 29 May 2014. The doctor endorses the applicant's efforts to change the gender marker on identity documentation. c. The applicant's Social Security card and District of Columbia Driver License were issued in the name of "Andrew John E____" and the driver license shows the gender as male. 7. Management of the DEERS database does not fall under the purview of the U.S. Army. As such, the ABCMR does not have authority to correct information in DEERS. a. To request correction of information in DEERS, the applicant may contact the Defense Manpower Data Center Support Office (DSO) at 1-800-538-9552 or visit a local uniformed services personnel office. In some instances, DEERS may be updated online at: https://www.dmdc.osd.mil/appj/bwe/indexAction.do. The mailing address for DEERS is: Defense Manpower Data Center Support Office, ATTN: COA, 400 Gigling Road, Seaside, CA 93955-6771. As a matter of information, the nearest uniformed services personnel office may be located by accessing the following website: http://www.dmdc.osd.mil/rsl/. b. In view of the foregoing, the issue of correcting the DEERS database will not be discussed further in this Record of Proceedings. 8. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. It shows the following instructions for completing: (1) item 1, enter name in all capital letters; include "JR," "SR," or "II", if appropriate. Compare the ERB/ORB to contract for possible name change. If a name change has occurred, list other names of record in item 18 (Remarks). (2) item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. * block a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * block c, amount of service this period is computed by subtracting item 12a from 12b (3) item 18, 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. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 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. The evidence of record shows the applicant served in the USAR from 8 March 2001 through 3 March 2002 and on active duty in the RA from 4 March 2002 through 9 June 2005. However, his 9 June 2005 DD Form 214 shows he entered active duty on 26 September 2001. As such, it would appropriate to correct item 12, block a, of the DD Form 214 to show the date entered active duty as 4 March 2002. a. A calculation to determine the correct net active service shows the following: 2005 06 09 date of discharge - 2002 03 04 date of entry on active duty (actual) = 03 03 05 + 1 day inclusive = 03 03 06 net active service (4 March 2002 – 9 June 2005) b. In view of the above and based on the evidence of record, it would also be appropriate to correct item 12, block c, of the DD Form 214 to show 3 years, 3 months, and 6 days of net active service this period. 2. 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, there are unique circumstances for transgender individuals. Those circumstances are such that they 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, in this case, it would be appropriate to issue the applicant two new DD Forms 214 for the period 20 March 2001 through 15 August 2001 and the period 26 September 2001 through 9 June 2005 with the name that appears in the Superior Court of the District of Columbia, Civil Division, Washington, DC, Order for Change of Name, granted 7 July 2014. No entries should be made in block 18 of the reissued DD Forms 214 listing the previous name or indicating the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to the previous gender. This proposed relief is limited to the DD Forms 214 in question and does not extend to any other documents in the applicant's 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 two separate DD Forms 214 for the period 20 March 2001 through 15 August 2001 and the period 4 March 2002 through 9 June 2005 with the name in block 1 entered as that which appears in the Superior Court of the District of Columbia, Civil Division, Washington, DC, Order for Change of Name, granted 7 July 2014. No entries should be made in block 18 of the reissued DD Forms 214 listing the previous name or indicating that the DD Forms 214 were administratively reissued. In addition, the reissued DD Form 214 with an effective date of 9 June 2005 should also be corrected show in: * item 12, block a: 2002 03 04 (4 March 2002) * item 12, block c: 0003 03 06 (3 years, 3 months, 6 days) _______ _ _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) AR20150005983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005983 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1