IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150009280 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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 March 1972 to show her name as Rebecca L--- L---- instead of Geoffrey L----- M-----. 2. The applicant states she is a transgender woman and she legally changed her name. She is providing the documents needed to effect this change. 3. The applicant provides: * reissued birth certificate * social security card and reissued social security card * Order Changing Name of an Adult * driver license and Department of Veterans Affairs (VA) medical card * DD Form 214 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. In connection with her induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). She listed her name as Geoffrey L----- M-----. She was inducted into the AUS on 14 April 1970. Her DD Form 47 (Record of Induction) listed her name as Geoffrey L----- M-----. 3. She was honorably discharged on 19 April 1970 for the purpose of immediate enlistment in the Regular Army (RA). Item 1 (Name (Last, First, Middle)) of her DD Form 214 shows her name as Geoffrey L----- M-----. She signed the form using this name. 4. She enlisted in the RA on 20 April 1970 under the name Geoffrey L----- M-----. Her record contains numerous documents that all show her name as Geoffrey L----- M-----. 5. She was honorably released from active duty on 6 March 1972. Item 1 of her DD Form 214 for this period shows her full name listed as Geoffrey L----- M-----. She signed this form using this name. 6. The applicant provides: * social security card with the social security number and name shown on her military records * Order Changing Name of an Adult, dated 20 December 2013, approving her name change from Geoffrey L---- M---- to Rebecca L--- L--- * reissued birth certificate, dated 22 October 2014, identifying her as a female and listing her name as Rebecca L--- L---- * reissued social security card with the same social security number as listed on her military records but with the name Rebecca L--- L---- * driver license listing her name as Rebecca L--- L---- * VA medical card listing her name as Rebecca L--- L---- 7. 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 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 block 18 (Remarks). c. 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. d. 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), 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 evidence of record shows the applicant used the name Geoffrey L--- M---- upon her induction into the AUS and enlistment in the RA. This name is consistent with the name on several documents in the applicant's service record throughout this period of enlistment. 2. The applicant provides supporting evidence that she changed her name in 2013 to something other than the name she used during her military service. The reissued birth certificate and other records she provides confirm the change in her gender. 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 a new DD Form 214 for each period of service with the name shown on the court order granting her name change. No entries should be made in block 18 of the reissued DD Forms 214 listing her previous name or indicating that either DD Form 214 was 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 her DD Forms 214 for the periods ending 19 April 1970 and 6 March 1972 with the name in block 1 of each DD Form 214 entered as the name shown on the applicant’s Court Order Granting Name Change * ensuring no entries are 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) AR20150009280 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009280 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1