BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004932 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: 7 November 2017 DOCKET NUMBER: AR20160004932 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 his current DD Form 214 and issuing him a new DD Form 214 showing his name as shown in his court order for name change. No entries should be made in block 18 of the reissued DD Form 214 listing his 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: 7 November 2017 DOCKET NUMBER: AR20160004932 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) for the period ending 24 August 1995 to show his name as J__Y L____ W____ instead of J__R L____ W____. 2. The applicant states he is a transgender male. He changed his legal name in 2015 to align his name with his gender identity. The appearance of his old name on his DD Form 214 is an injustice because it reveals his transgender status every time he shows this form. Disclosure of his former name discloses his 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 * Massachusetts driver's license * three letters from his physicians, dated 16 January 2015, 24 February 2015, and 14 May 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 2 June 1994. The applicant was ordered to active duty for training on 5 July 1995. The applicant was released from active duty on 24 August 1995. 2. Block 1 (Last, First, Middle) of the applicant's DD Form 214 for the period ending 24 August 1995 shows the name J__R L____ W____. 3. On 1 June 2000, the applicant was honorably discharged from the Army National Guard. 4. On 4 June 2002, the applicant was honorably discharged from the U.S. Army Reserve. 5. The name J__R L____ W____ was consistently used throughout the applicant's service. 6. The applicant provided a letter from his physician, dated 14 May 2015, stating the applicant underwent permanent and irreversible surgery for gender reassignment on 29 April 2015 and lives as J__Y W____. 7. On 28 August 2015, the Commonwealth of Massachusetts Trial Court, Probate and Family Court Department, ordered the applicant's name change from J__R L____ W____ to J__Y L____ W____. 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 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) 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 Army National Guard under the name J__R L____ W____ and this is the name listed on the applicant's DD Form 214 for the period ending 24 August 1995. 2. He subsequently changed his legal name on 18 June 2015 to align his name with his gender identity. 3. He contends the appearance of his former name on his DD Form 214 is an injustice because he is forced to reveal his transgender status. 4. In the past, the Army Board for Correction of Military Records 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 in 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) AR20160004932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004932 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2