IN THE CASE OF: 

		BOARD DATE:  12 June 2018

		DOCKET NUMBER:  AR20160008259


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 June 2018

		DOCKET NUMBER:  AR20160008259


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 (Report of 
Separation from Active Duty) to show her legal name change.

2.  She states, in effect, that her name was legally changed and her new name is 
reflected on her driver's license, social security card, and passport.

3.  She provides:

*	U. S. Passport
*	social security card
*	State of Missouri Driver's License
*	Change of Name Judgement, dated 1 July 2013
*	Letter, dated 5 April 2016

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 June 1973 using the name 
Rxxxxx Jxxx Bxxxx Jr.  All documents filed in her official military personnel file 
show 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 29 June 1977 at the expiration of her 
term of service.  The name shown on her DD Form 214 is the name recorded on 
her entrance documents.

3.  The applicant provides a court order, dated 1 July 2013, changing her name 
from Rxxxxx Jxxx Xxxxx Jr to Kxxxx Jxxxx xxxxx.  She provides her passport, 
driver's license, and social security card, which reflect her new name.

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 Form214.  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).

DISCUSSION:

1.  Upon enlistment in the Regular Army the applicant's name was listed as 
Rxxxxx Jxxx Xxxxx and this is the name listed on her DD Form 214 for the period 
ending on 29 June 1977.

2.  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.

3.  The unique circumstances of transgender personnel would support a 
recommendation to issue the applicant a new DD Form 214 with the name 
shown on her 1 July 2013 court order granting her name change.

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 Form 214 for the period ending 29 June1977 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 Form 214 listing her previous name or indicating that the DD Form 214 was 
administratively reissued.  This recommended relief is limited to the DD Form 
214 in question and does not extend to any other documents in the applicant's 
military records.

	b.  changing her gender marker to female, as applicable.




												 
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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160008259


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160008259


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2