BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150013912 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: 18 October 2016 DOCKET NUMBER: AR20150013912 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 reissuing a DD Form 214 for the period ending on 19 November 1975 with the name in item 1 entered as the name shown on the applicant's court order changing her name. No entries should be made to item 18 of the reissued DD Form 214 listing her 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. BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150013912 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 her DD Form 214 (Report of Separation from Active Duty) to show her name as Theresa R. S---- instead of Thomas R. S---- in order to conform to a court-ordered name change. 2. The applicant states she is a transgender woman and changed her legal name in 2013, as evidenced by the attached court order, to better align her name with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she has to show her DD Form 214. Disclosure of her former name, in effect, discloses her transgender status. This in an injustice due to the social stigma and discrimination that transgender people face and can be remedied effectively by issuing her a correct DD Form 214 listing her current legal name. 3. The applicant provides: * DD Form 214 * court order * doctor's statement * driver license * passport * social security card 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 (RA) on 20 November 1972. She was honorably released from active duty on 19 November 1975 and was transferred to the U.S. Army Reserve. 3. Item 1 (Name (Last, First, Middle)) of her DD Form 214 lists her name as Thomas R. S----. 4. She provided a/an: * General Judgement of Change of Name and Order to Post, dated 16 August 2013, changing her name from S---, Thomas R---- to S----, Theresa R---- * notarized doctor's statement, dated 29 June 2015, confirming he completed gender reassignment surgery on the applicant on 26 June 2015 changing her gender to female * Oregon driver's license, issued 10 October 2013, showing her name as S----, Theresa R---- and sex as female * passport, issued 7 November 2013, showing her name as S----, Theresa R---- and sex as female REFERENCE: Army Regulation 635-8 (Separation Processing and Documents), currently in effect, establishes the standardized policy for the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). 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: a. In 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. In 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 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: 1. The applicant enlisted in the RA with the name S----, Thomas R----and this is the name listed on her DD Form 214. She subsequently changed her name and gender. 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, the Board may recommend issuing the applicant a new DD Form 214 listing in item 1 the name shown on the court-order she provided. No entries would be made in item 18 of the reissued DD Form 214 listing her previous name or indicating the DD Form 214 was administratively reissued, as doing so would undermine the purpose of granting relief by drawing attention to her previous gender. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013912 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013912 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2