DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMA-RB 20 December 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160003139 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 19 December 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 1O, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by reissuing a DD Form 214 with the name in item 1 entered as the name shown on the applicant's order for Name Change petition, dated 18 July 2000, which legally changed the applicant's name from James Dxxx to Jamie Lxxx. No entries should be made in item 18 of the reissued DD Form 214 listing her previous name or indicating the DD Form 214 was administratively reissued. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 20 April 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl . (!. Deputy Assistant Secretary of the Army (Review Boards) CF: ( ) OMPF BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160003139 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ __x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160003139 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 19 December 2017 DOCKET NUMBER: AR20160003139 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 reflect her new name and gender. She requests, in effect, to be issued a new DD Form 214 that accurately reflects who she is by changing her name from James Dxxx to Jamie Lxxx. 2. She states she underwent gender reassignment surgery in July 2004 and legally changed her name and driver's license. 3. She provides: * DD Form 214 * County Court of Arapahoe County, Colorado, Order for Name Change, dated 18 July 2000 * Letter, dated 6 April 2001 * Medical Certificate, dated 30 June 2003 * Certificate of Birth 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 20 February 1985. The documents filed in the applicant’s record show the applicant's name as James Dxxx and gender as male. 3. On 19 February 1987, the applicant was honorably released from active duty service. Item 1 (Name) of the DD Form 214 issued at the time lists the applicant’s name as James Dxxx and the applicant signed the same. 4. The applicant provides the following: a. An Order for Name Change from the County Court of Arapahoe County, Colorado, dated 18 July 2000, which legally changed the applicant’s name from James Dxxx to Jamie Lxxx. b. A letter from a clinical psychologist, dated 6 April 2001, who states the applicant is psychologically sound and emotionally prepared for gender reassignment surgery. c. A medical certificate from a physician confirming that the applicant had appropriate clinical treatments for gender reassignment from male to female. d. A certificate of birth showing the applicant's name of Jamie Lxxx and her sex as "female." DISCUSSION: 1. The applicant contends her DD Form 214 should be corrected to conform to her gender reassignment and legal name change that occurred after she completed her contracted military service. 2. The ABCMR has, in the past, 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. 3. This is still true; however, the applicant's unique circumstances as a transgender individual warrant further consideration, since denying her request could prevent or delay her receipt of benefits for which she must provide a DD Form 214 as proof of military service. 4. Considering the unique circumstances of transgender personnel, it would be appropriate to issue her a new DD Form 214 with the name shown on her Order for Name Change petition, dated 18 July 2000, which legally changed the applicant's name from James Dxxx to Jamie Lxxx. 5. No entries should be made in item 18 (Remarks) of the reissued DD Form 214 listing her previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to her previous gender. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in her 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) AR20160003139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003139 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2