IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150007074 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to conform to a court-ordered name change. 2. The applicant states: a. He is a transgender man. He changed his legal name in 2011 as evidenced by the attached court order, to better align his name with his gender identity. The appearance of his old name on his DD Form 214 is an injustice because it reveals his transgender status and places him at risk each and every time he is required to present it. Disclosure of his former name, in effect, discloses his transgender status. This in an injustice due to the social stigma and discrimination that transgender people face. This error has caused others to doubt his veteran status. b. He was initially refused to extend offered service and even threatened with his physical safety. This has resulted in his reluctance to take advantage of many benefits that he is eligible to receive and adversely impacts his occupational opportunities, financial security, and general wellbeing. Simply issuing a corrected DD Form 214, with his current legal name, would eliminate all barriers to accessing his veteran benefits and correct this injustice. 3. The applicant provides copies of the following: * birth certificate * DD Form 214 * Final Decree for Change of Name * Doctor's affidavit * Order for Change of Gender and Amended Birth Certificate CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 8 February 2006. He was honorably discharged on 27 January 2009. Item 1 (Name (Last, First, Middle)) of his DD Form 214 lists his name as "Bxxxxxx Rxxxxxxx Hxxx." 2. He provided copies of the following: * Final Decree for Change of Name, dated 14 March 2011, changing his name from "Bxxxxxx Rxxxxxxx Hxxx" to "Axxxx Exxxxxxx Hxxx" and changing his gender to "male" * Doctor's affidavit, dated 3 April 2012, in which it was confirmed he was qualified to be legally considered a male * Order for Change of General and Amended Birth Certificate, dated 17 September 2012, changing his gender to male on his birth certificate 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, establishes the standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states in: a. Item 1 – compare the original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in item 18 (Remarks). b. 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. c. On the direction of the Army Board for Correction of Military Records (ABCMR) or Army Discharge Review Board or in other instances when appropriate, the Deputy Assistance Secretary of the Army, Army Review Boards Agency, 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. The applicant enlisted in the RA with the name "Bxxxxxx Rxxxxxxx Hxxx." This is the name listed on his DD Form 214. 2. Previously 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 they must provide a DD Form 214 as proof of military service. 3. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 27 January 2009 with the name shown on the court-order in item 1. 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. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. 4. The proposed relief is limited to the DD Form 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 a DD Form 214 for the period ending on 27 January 2009 with the name in item 1 entered as the name shown on the applicant's court order changing his name. No entries should be made to item 18 of the reissued DD Form 214 listing his previous name or indicating on that this form 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) AR20150007074 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007074 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1