BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160003633 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ _x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160003633 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing DD Forms 214 for the period 19 March 1998 through 10 October 2002 and for the period 8 August 2006 through 1 December 2007 with the name in block 1 entered as that which appears in the Commonwealth of Massachusetts, The Trial Court, Probate and Family Court, Certificate of Name Change, granted 16 October 2015. No entries should be made in item 18 (Remarks) of the reissued DD Forms 214 as listing the previous name or indicating that the DD Forms 214 were administratively reissued. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 9 January 2018 DOCKET NUMBER: AR20160003633 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, in effect, correction of two DD Forms 214 (Certificates or Release or Discharge from Active Duty) to conform to a court-ordered name change. 2. On 16 October 2015, a court order legally changed the applicant's name from "Paul" to "Sarah." The applicant states the former name on the DD Forms 214 disclose transgender status. This is an injustice because of the social stigma and discrimination against those who are transgender. 3. The applicant provides copies of the two DD Forms 214, a court order for name change, and a copy of her driver's license. CONSIDERATION OF EVIDENCE: 1. Town of Bourne, Office of the Town Clerk, The Commonwealth of Massachusetts, Standard Certificate of Live Birth, shows the applicant's name at birth as "Paul M___ S____." 2. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 12 February 1998 for a period of 8 years and further enlisted in the Regular Army (RA) on 19 March 1998 for a period of 3 years. Item 1 (Name – Last, First, Middle) shows the name "S____, Paul M___." 3. A DD Form 4 shows the applicant reenlisted in the RA on 11 October 2000 for a period of 2 years. Item 1 shows the name "S____, Paul M___." 4. A DD Form 214 shows the applicant entered active duty on 19 March 1998, was honorably released from active duty (REFRAD) on 10 October 2002, and transferred to the USAR Control Group (Reinforcement). Item 1 (Name – Last, First, Middle) shows the name "S____, Paul M___." 5. A DD Form 4 shows the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and in the Massachusetts ARNG (MAARNG) on 27 June 2004. Item 1 shows the name "S____, Paul M___." 6. A DD Form 214 shows the applicant entered active duty on 8 August 2006, was honorably REFRAD on 1 December 2007, and transferred to an MAARNG unit. Item 1 shows the name "S____, Paul M___." 7. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 27 June 2004 and was honorably discharged from the ARNGUS and the MAARNG on 26 June 2008. Item 1 (Name – Last, First, Middle) shows the name "S____, Paul M___." 8. In support of the request, the applicant provides a Commonwealth of Massachusetts, The Trial Court, Probate and Family Court, Certificate of Name Change, that shows the Register of Probate certified the applicant's name was changed from "Paul M___ S____" to "Sarah M___ S____" on 16 October 2015. The applicant also provides a copy of her driver license which shows her sex as female and the name reflected on her Certificate of Name Change. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. It shows for: (1) item 1, enter name in all capital letters; include "JR," "SR," or "II", if appropriate. Compare the ERB/ORB to contract for possible name change. If a name change has occurred, list other names of record in item 18 (Remarks); and (2) item 18, 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. b. On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 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 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, there are unique circumstances for transgender individuals. Those circumstances are such that they 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 the applicant new DD Forms 214 for the period 19 March 1998 through 10 October 2002 and for the period 8 August 2006 through 1 December 2007, with the name that appears in Commonwealth of Massachusetts, The Trial Court, Probate and Family Court, Certificate of Name Change, granted 16 October 2015. 3. If the applicant wishes to pursue correction of the name recorded on the NGB Form 22, the applicant may submit a request to the Massachusetts Adjutant General with a copy of this Record of Proceedings as an enclosure. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003633 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003633 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2