IN THE CASE OF: BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160005414 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 IN THE CASE OF: BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160005414 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: a. reissuing the DD Forms 214 for the periods ending 18 February 1989 and 31 August 2005 with the name in item 1 entered as the name shown on the applicant’s court order granting her name change. No entries should be made in item 18 of the reissued DD Forms 214 listing her previous name or indicating that the DD Form 214 was administratively reissued. This recommended relief is limited to the DD Forms 214 in question and does not extend to any other documents in the applicant's military records. b. ensuring the reissued DD Form 214 for the period ending 31 August 2005 shows her date of entry on active duty as 30 August 1989 in item 12a and shows her net active service this period as 16 years and 1 day in item 12c. c. changing her gender marker to female, as applicable. ___________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. IN THE CASE OF: BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160005414 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her first name as Morgan vice Kevin and to correct her gender marker to show female. 2. The applicant states she is a transgender woman who has transitioned from male to female and her first name has been legally changed from Kevin to Morgan. 3. The applicant provides: * United States Uniformed Services Identification Card (Retired) * State of Florida Driver's License * social security card * Final Judgment of Change of Name (Adult), dated 21 November 2014 * Mental Health Counselor Letter, dated 26 October 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army Reserve for 8 years on 21 July 1984 using the first name Kevin. She enlisted in the Regular Army (RA) on 19 February 1985 using the first name Kevin. All documents filed in her official military personnel file shows the name noted on her entrance documents. Where recorded in her military service records, her gender is shown as male. 2. The applicant's official record contains a DD Form 214 showing she was honorably released from active duty on 18 February 1989 at the expiration of her term of service. She completed 4 years of net active service this period. The first name shown on her DD Form 214 is the name recorded on her entrance documents. 3. The applicant reenlisted in the RA on 30 August 1989 with her name shown on her entrance documents as Kevin. She remained on active duty through continuing reenlistments. 4. On 31 August 2005 the applicant retired. The DD Form 214 issued at that time shows her first name as shown on her entrance documents. The DD Form 214 incorrectly shows her entry date for this period as 30 August 1985 in item 12a (Date entered Active Duty This Period) and her net active service as 20 years and 1 day in item 12c (Net Active Service This Period). The actual period served was 30 August 1989 to 31 August 2005 (16 years and 1 day). 5. The applicant provides a court order, dated 21 November 2014, changing her first name from Kevin to Morgan. She provides a letter from a Licensed Mental Health Counselor who states that, as of the date of her letter (26 October 2015), she was treating the applicant for gender dysphoria as a transgender female. The counselor states that the applicant has continued her medical transition through hormone replacement therapy. 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. It states: 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 item 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 item 18 (Remarks). c. For item 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), Army Review Boards Agency, 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). e. A Soldier's gender is not shown on the DD Form 214. DISCUSSION: 1. A Soldier’s gender is not shown on a DD Form 214, which is the primary document veterans use to verify their military service. The applicant served as a male, which is accurately reflected in her records. The available evidence does not indicate that the gender marker in her military record has resulted in an inequity or injustice. 2. The evidence of record shows upon enlistment in the RA the applicant's first name was listed as Kevin and this is the name listed on her DD Form 214 for the periods ending on 18 February 1989 and 31 August 2005. 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. The unique circumstances of transgender personnel would support a recommendation to issue the applicant new DD Forms 214 for the periods ending 18 February 1989 and 31 August 2005 with the name shown on her 21 November 2014 court order granting her name change. Reissuing the DD Form 214 for her period of service ending 31 August 2005 also presents an opportunity to provide the correct information in items 12a and 12c. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005414 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005414 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2