BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150019241 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 February 2017 DOCKET NUMBER: AR20150019241 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 for the period ending 10 July 1998 to show his name in block 1 as the new name listed in the court order from the District Court of Williamson County, TX, dated 4 March 2003. No entries be made in block 18 of the reissued DD Form 214 indicating the applicant's previous name or that the DD Form 214 was administratively reissued. This recommendation is limited to the DD Form 214 in question and does not extend to any other documents in the individual's record. _____________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 February 2017 DOCKET NUMBER: AR20150019241 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 show the name of "Ha--, Tye L--" instead of "Ha-- Tyesha R----." 2. The applicant states: * he is a transgender man who legally changed his name in 2003 to align with his gender identity * the appearance of the old name on the DD Form 214 is an injustice because it reveals his transgender status every time he shows it * given the stigma and discrimination that transgender people face, a disclosure of his previous name places him at a disadvantage * the injustice may be remedied by issuing him a new DD Form 214 listing his current name 3. The applicant provides: * DD Form 214 * 2003 Court Order for Change of Name from the District Court of Williamson County, TX * State Driver's License * District Court of Williamson County, TX, Change of Name Certificate * Medical statement of gender transition 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 18 May 1995 as a female under the name of “Tyesha Re---- H---.” The applicant served in military occupational specialty 52D (Power Generation Equipment Operator) and he was assigned to Fort Hood, TX. 3. The applicant was discharged on 10 July 1998. The applicant’s DD Form 214 show in block 1 (Name) “Ha--, Tyesha Re----.” 4. The applicant provides the following in support of his application: a. Court order from the District Court of Williamson County, TX, dated 4 March 2003, granting the applicant’s request for a name change to T-- L-- H---. b. Undated letter from a physician affirming the applicant underwent sex reassignment surgery. c. Driver’s license issued on 10 November 2014, showing the applicant’s new name and sex annotated as male. 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. It states: a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active service. It provides a brief, clear-cut record of all current active, prior active, and prior inactive service at the time of release from active duty, retirement, or discharge. b. 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). c. 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. d. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), 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 evidence of record shows upon enlistment in the Regular Army in May 1995, the applicant's name was listed as "Tyesha Re---- Ha--" and this is the name listed on the applicant's DD Form 214 for the period ending 10 July 1998. 2. In the past 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 these individuals 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 with the name shown on the 4 March 2003 court order. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019241 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019241 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2