BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150017303 BOARD VOTE: ___x______ _______ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ___x_____ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150017303 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 voiding her current DD Form 214 and issuing her a new DD Form 214 showing her name as shown on her court-ordered name change. No entries should be made in block 18 of the reissued DD Form 214 listing her 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: 3 November 2016 DOCKET NUMBER: AR20150017303 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 military records to show her name as B____ M____ P____ instead of N____ S____. 2. The applicant states both her salutation and gender marker are incorrect and do not match her gender, which is female. Her private health insurance, the Social Security Administration, and her driver's license correctly show her gender as female. She now requests that her military records be corrected to reflect her female gender. Every time she goes to the Department of Veterans Affairs for service, there is unnecessary embarrassment over the discrepancy between the gender in her records and her actual gender. 3. The applicant provides: * court-ordered name change * letter from her medical doctor, dated 12 June 2014 * driver's 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 31 January 1984 under the name N____ S____. 3. She was honorably discharged on 7 August 1986 due to physical disability with severance pay. Block 1 (Name) of her DD Form 214 (Certificate of Release or Discharge) shows her name as N____ S____. 4. The name N____ S____ was consistently used throughout her service. 5. A letter from her doctor, dated 12 June 2014, states she is receiving appropriate clinical treatment for her gender transition from male to female and requested a gender marker change from male to female on her driver's license and passport. 6. The Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, ordered her name changed from H____ N____ S____ to B____ M____ P____ on 18 June 2014. 7. Her driver's license, issued on 18 June 2014, shows her name as B____ M____ P____. REFERENCES: 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. 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. a.  The instructions for block 1 state to review and compare the official record with the original enlistment contract or appointment order for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). b.  The instructions for block 18 (Remarks) state, 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 (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 issuance of a DD Form 215 (Correction to DD Form 214). DISCUSSION: 1. In the past the ABCMR has denied similar applications for name changes 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. 2. Considering the unique circumstances of transgender personnel, it is appropriate to issue a new DD Form 214 for a transgender individual reflecting the applicant's current name as a matter of equity. No entries should be made in block 18 of the reissued DD Form 214 listing the previous name or indicating the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to the applicant's previous gender. Such relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's 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) AR20150017303 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017303 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2