BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150015113 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: February 16, 2017 DOCKET NUMBER: AR20150015113 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army and Army National Guard records of the individual concerned be corrected by: a. reissuing separate DD Forms 214 for the periods 27 November 1984 through 31 May 1985, 31 July 1986 through 3 August 1989, 4 May 2000 through 19 February 2005, and 16 June 2005 through 31 October 2006, and also a new NGB Form 22 for the period 17 August 1998 through 29 February 2012 with the name in block 1 entered as that which appears in the State of Washington, Circuit Court of the County of Vernon, Wisconsin, Order for Name Change, granted 20 January 2015. No entries should be made in item 18 of the reissued DD Forms 214, as listing the previous name or indicating that the DD Forms 214 or the NGB Form 22 were administratively reissued. b. voiding the DD Form 214 issued on 9 September 2003; and c. entering in item 14 of the DD Form 214 issued on 19 February 2005 the entry "Health Care Specialist Course, 16 Weeks, September 2003." __________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: February 16, 2017 DOCKET NUMBER: AR20150015113 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 DD Forms 214 (Certificates or Release or Discharge from Active Duty) to conform to a court-ordered name change. 2. On 20 January 2015, a court order legally changed the applicant's name from "Paul P____" to "Jessica Michelle P____." The applicant states the former name on the DD Forms 214 discloses transgender status. This is an injustice because of the social stigma and discrimination against those who are transgender. 3. The applicant provides: * court order for name change * physician's letter * three identification (ID) cards 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 1 October 1984 for a period of 8 years. Item 1 (Name – Last, First, Middle) shows the name "P____, Paul Jr." 2. A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 27 November 1984, honorably released from ADT on 31 May 1985, and transferred to a USAR unit. Item 1 (Name – Last, First, Middle) shows the name "P____, Paul Jr." 3. A DD Form 4 shows the applicant enlisted in the USAR on 24 June 1986 and further enlisted in the Regular Army (RA) on 31 July 1986 for a period of 3 years. Item 1 shows the name "P____, Paul Jr." 4. A DD Form 214 shows the applicant entered active duty this period on 31 July 1986, was honorably released from active duty (REFRAD) on 3 August 1989, and transferred to the USAR. Item 1 shows the name "P____, Paul Jr." 5. A DD Form 4 shows the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and the Wisconsin ARNG (WIARNG) on 17 August 1998. Item 1 shows the name "P____, Paul Jr." 6. A DD Form 214 shows the applicant was ordered to active duty on 4 May 2000, honorably REFRAD on 19 February 2005, and transferred to a WIARNG unit. Item 1 shows the name "P____, Paul Jr." 7. A DD Form 214 shows the applicant was ordered to ADT on 16 May 2003, honorably released from ADT on 9 September 2003, and transferred to a WIARNG unit. Item 1 shows the name "P____, Paul Jr." Item 14 (Military Education) shows the entry, "Health Care Specialist Course, 16 Weeks, September 2003//Nothing Follows." 8. A DD Form 214 shows the applicant was ordered to active duty on 16 June 2005, honorably REFRAD on 31 October 2006, and transferred to a WIARNG unit. Item 1 shows the name "P____, Paul Jr." 9. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 17 August 1998, was honorably discharged from the WIARNG on 29 February 2012, and transferred to the USAR Control Group (Retired Reserve). Item 1 (Name – Last, First, Middle) shows the name "P____, Paul Jr." 10. In support of the request, the applicant provides the following documents: a. State of Wisconsin, Circuit Court of Vernon County, Wisconsin, Order for Name Change, that shows on 20 January 2015 the Petition for Name Change was granted and the name that appears on the birth certificate of "Paul P____" was changed to "Jessica Michelle P____." b. A letter written by Doctor Ronnie L. H____, Northeast Family Medicine, Madison, WI, dated 30 July 2015, and addressed "To Whom It May Concern" in which the physician stated the applicant has been diagnosed with Gender Dysphoria, has undergone appropriate clinical treatment for gender transition, and should be considered female for all legal and documentation purposes. c. The applicant's Wisconsin Driver License, United States Uniformed Services ID Card, and U.S. Department of Veterans Affairs Healthcare Card that were issued in the name of "Jessica Michelle P____." The driver license shows the applicant's gender as female. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD 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. The separation regulation 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); and (2) 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 Army Board for Correction of Military Records 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: 1. 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. 2. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant new DD Forms 214 for the period 27 November 1984 through 31 May 1985, 31 July 1986 through 3 August 1989, 4 May 2000 through 19 February 2005, and 16 June 2005 through 31 October 2006, with the name that appears in State of Wisconsin, Circuit Court of Vernon County, Wisconsin, Order for Name Change, granted 20 January 2015. 3. It is noted that the evidence of record shows a DD Form 214 was issued to the applicant for the period 4 May 2000 through 19 February 2005. a. A DD Form 214 was also issued for a period of ADT from 16 May 2003 through 9 September 2003. This period of active service is included in the DD Form 214 issued for the period 4 May 2000 through 19 February 2005. b. The evidence of record shows the 9 September 2003 DD Form 214 was issued in error. Therefore, the DD Form 214 should be voided. However, the military education the applicant completed during that period should be entered on the DD Form 214 that was issued on 19 February 2005. 4. If the applicant wishes to pursue correction of the name recorded on her NGB Form 22, she may submit a request to the Wisconsin Adjutant General. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015113 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015113 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2