BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20160001381 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: 21 February 2017 DOCKET NUMBER: AR20160001381 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 the DD Forms 214 for the period ending 12 February 1981 and 4 January 1989 with the name in block 1 entered as the name shown on the applicant’s Order for Change of Name, dated 24 April 2012. No entries should be made in block 18 of the reissued DD Forms 214 listing a previous name or indicating that the DD Forms 214 were 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: 21 February 2017 DOCKET NUMBER: AR20160001381 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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show her legal name change. 2. The applicant states: * she is a transgender woman and legally changed her name in April 2012 to match her gender identity * a disclosure of her previous name would disclose her transgender identity and place her at a disadvantage * the injustice may be remedied by issuing her a new DD Form 214 listing her current name 3. The applicant provides: * DD Forms 214 for periods ending 12 February 1981 and 4 January 1989 * Order for Change of Name * driver's license * United States Passport * medical statement of gender transition * 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 13 February 1978 under the name "Joseph H. Bo--- Jr." and identified herself as a male. The service record contains numerous documents that all show the name used upon entry onto active duty. 3. The applicant was honorably released from active duty on 12 February 1981. Item 1 (Name (Last, First, Middle) of the DD Form 214 for this period of service shows the name recorded on the enlistment documents. 4. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 2 June 1984. The applicant entered active duty on 4 January 1986. The service record contains numerous documents showing the name as listed on the entrance documents. 5. The applicant resigned and was honorably discharged from active duty on 4 January 1989. Item 1 (Name (Last, First, Middle) of the DD Form 214 for this period of service also shows the name as recorded in the entrance documents. 6. The applicant provides * Order for Change of Name, dated 24 April 2012; showing the her name has changed to "Sara J. Si---" * social security card, driver's license and United States Passport, all showing the changed name * medical statement, dated 8 August 2015, confirming clinical treatment for gender transition to female 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. a. 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. 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 RA in 1978, the applicant's name was listed as "Joseph J. Bo--- Jr." and this is the name shown on the applicant's DD Form 214 for the period ending 12 February 1981. 2. The evidence of record also shows upon appointment as a commissioned officer in 1984 and entry on active duty in 1986, the applicant's name was listed as "Joseph J. Bo--- Jr." and this is the name listed on the applicant's DD Form 214 for the period ending 4 January 1989. 3. 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. 4. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for each period of service (the period ending 12 February 1981 and period ending 4 January 1989) with the name shown on the 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) AR20160001381 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001381 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2