BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012030 BOARD VOTE: ____x____ ____x____ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012030 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. reissuing the applicant a new DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 July 1996, with the name in block 1 entered as it is shown on the applicant's Final Judgment of Change of Name issued by the Eighth Judicial Circuit Court, in and for Alachua County, Florida on 14 July 2015. b. no entries should be made in block 18 of the reissued DD Form 214 listing the applicant’s 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. BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012030 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 reflect his new name in conformance with his court-ordered name change. 2. The applicant states he underwent a sex change from female to male and needs his DD Form 214 corrected to reflect his new name so he does not have to disclose his transgender status. 3. The applicant provides copies of his DD Form 214; an affidavit from his physician, dated 8 April 2015; his Final Judgment of Change of Name, dated 13 July 2015, from the Eighth Judicial Circuit Court, in and for Alachua County, Florida; and a copy of his State of Florida commercial driver license. 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 2 July 1993. 3. The applicant was honorably released from active duty on 1 July 1996. Block 1 (Name (Last, First, Middle)) of his DD Form 214 shows his first and middle name as "Sarah, Renee." 4. The applicant provides: a. An affidavit from his physician, dated 8 April 2015, in which the physician notes he performed all the necessary surgical procedures and medical protocols on the applicant for gender reassignment from female to male. b. A Final Judgment of Change of Name, dated 13 July 2015, from the Eighth Judicial Circuit Court, in and for Alachua County, Florida, which approved the applicant's request for a name change from "Sarah Renee" to "Seth René." c. A copy of his State of Florida commercial driver license, which shows his name as "Seth René." REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. It provides that the DD Form 214 is a summary of the separating Soldier’s most recent period of continuous active duty, providing a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of the Soldier's release from active duty, retirement, or discharge. Its preparation instructions dictate: a. For block 1, 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). 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. At the direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) 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 issuing a DD Form 215 (Correction to DD Form 214). DISCUSSION: 1. 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. 2. 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. 3. Considering the unique circumstances of transgender personnel, it would be appropriate to issue him a new DD Form 214, for the period ending 1 July 1996, under the name granted to him by his 14 July 2015 court order. 4. No entries should be made in block 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. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012030 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012030 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2