IN THE CASE OF: BOARD DATE: 15 November 2018 DOCKET NUMBER: AR20160010831 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 November 2018 DOCKET NUMBER: AR20160010831 THE APPLICANT'S REQUEST, STATEMENT: 1. The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 6 December 1985 and 30 April 1992 to conform to a court-ordered name change and that the gender marker in her records be changed to reflect female. 2. The applicant states she is a transgender woman. A disclosure of her previous name would disclose her transgender identity and place her at a disadvantage. The injustice may be remedied by issuing her new DD Forms 214 listing her current name. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * Court Order for Name Change dated 20 May 2016 * Department of Veterans Affairs letter dated 8 May 2015 2. The following evidence from the applicant’s service record and the Department of the Army and Department of Defense records and systems: * DD Form 214 for the period ending 6 December 1985 * DD Form 214 for the period ending 30 April 1992 * DD Form 215 for the period ending 30 April 1992 REFERENCES: 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. 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. For block 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 block 18 (Remarks). c. For block 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. The DD Form 214 does not identify a Soldier’s gender. 3. 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) (DASA (RB)), Army Review Boards Agency (ARBA), 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. 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, and 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 record shows upon entry on active duty the applicant's first and middle names was listed as Timothy Austin and this is the name shown on the DD Form 214. The DD Form 214 does not contain information that refers to a service members gender. 3. The applicant provides the following showing her first and middle names as Trinity Abigail and her sex as female: * Veterans Affairs letter dated 5 August 2015 * Order for Change of Name dated 20 May 2016 4. 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. 5. The applicant's unique circumstances as a transgender individual warrant further consideration, because denying her request could prevent or delay receipt of benefits for which she must provide a DD Form 214 as proof of military service. The DD Form 214 does not specify a Soldier’s gender. BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing DD Forms 214 for the periods ending 6 December 1985 and 30 April 1992 with the name shown on the applicant's court order dated 20 May 2016. No entries should be made in item 18 (Remarks) of the reissued DD Forms 214 listing her previous name or indicating the DD Forms 214 were administratively reissued. 2. The Board further determined 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. 02/13/2019 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010831 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2