BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20160001912 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: 13 December 2016 DOCKET NUMBER: AR20160001912 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 in her court order for 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: 13 December 2016 DOCKET NUMBER: AR20160001912 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 M____ H____ S____ instead of R____ H____ S____. 2. The applicant states she is a transgender woman. She changed her legal name in March 2000 to align her name with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she shows her DD Form 214. Disclosure of her former name discloses her transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. 3. The applicant provides: * court order for name change * California driver's license * DD Form 214 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 21 June 1975 for a period of 3 years under the name R____ H____ S____. The applicant was honorably discharged on 21 May 1978 for immediate reenlistment. The applicant reenlisted on 22 May 1978 for a period of 3 years. 3. On 21 May 1982, the applicant was honorably discharged. Block 1 (Name – Last, First, Middle) of the applicant's DD Form 214 shows the name R____ H____ S____. 4. The name R____ H____ S____ was consistently used throughout the applicant's service. 5. On 14 March 2000, the Superior Court of California, Country of San Diego, ordered the applicant's name change from R____ H____ S____ to M____ H____ S____. 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. 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.  The instructions for block 1 state to 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.  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. d.  On 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. The evidence of record shows the applicant enlisted in the Regular Army under the name R____ H____ S____ and this is the name listed on the applicant's DD Form 214 for the period ending 21 May 1982. 2. She changed her legal name on 14 March 2000 to align her name with her gender identity. 3. She contends the appearance of her former name on her DD Form 214 is an injustice because she is forced to reveal her transgender status. 4. 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. 5. The Board may recommend issuance of a new DD Form 214 showing the applicant's court-ordered name change. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001912 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001912 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2