IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150019006 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 IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150019006 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. IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150019006 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 (Certificate of Release or Discharge from Active Duty) to show her name as L____ T____ F____ in lieu of T____ R____ F____. 2. The applicant states she is a transgender retired service member. She had her name legally changed to L____ T____ F____ and her account with the Social Security Administration was updated to reflect her new name and correct gender of female. When applying for employment positions where she needs to reference her military service, having her DD Form 214 reflect a different name and gender than what appears on her applications creates an image of dishonesty, which could jeopardize her chances of obtaining employment. 3. The applicant provides a copy of her court-ordered name change. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 29 June 1983 under the name T____ R____ F____. 2. The applicant was ordered to active duty in an Active Guard Reserve status on 13 June 2009 and was honorably released from active duty on 3 July 2011 due to completion of required active service. Block 1 (Name) of her DD Form 214 shows her name as T____ R____ F____. 3. U.S. Army Human Resources Command Orders C-07-409970, dated 16 July 2014, show she was transferred to the Retired Reserve on 1 August 2014. Her name is listed in the orders as T____ R____ F____. 4. The name T____ R____ F____ was consistently used throughout her service. 5. Morris County Court, Superior Court of New Jersey, ordered her name changed from T____ R____ F____ to L____ T____ F____ on 25 October 2015. REFERENCES: 1. The Merriam-Webster Medical Dictionary defines transgender as an adjective meaning of, relating to, or being a person who identifies with or expresses a gender identity that differs from the one which corresponds to the person's sex at birth. 2. 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 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 Army Board for Correction of Military Records (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, the Board may recommend issuing 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) AR20150019006 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019006 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2