ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20160013144 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her legal name (first, middle, and last name) as Emily Ni_ Wi_. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from VA (Department of Veterans Affairs) Health Care, Doctor B_ F_, dated 13 May 2016 * Supreme Court State of Order for Name Change, dated 12 May 2016 FACTS: 1. The applicant states, in effect: a. She requests the name on her DD Form 214 be corrected from William Sh_ Qu_ to Emily Ni_ Wi_. She is a transgender woman. She changed her legal name from William Sh_ Qu_ to Emily Ni_ Wi_ in 2016, as evidenced in the attached name change order, to align her name with her gender identity. b. Due to the social stigma and discrimination that transgender people face, the appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she shows her DD Form 214. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current name. 2. A review of the applicant’s service records show: * the applicant enlisted in the Delayed Entry Program (DEP) on 22 December 1994 and the name listed on her DD Form 4 was William Sh_ Qu_ * she enlisted in the Regular Army (RA) on 21 March 1995 with the same name * she honorably retired on 30 April 2015 * her DD Form 214 shows in item 1 (Name (Last, First, Middle), Qu_, William Sh_ 3. The applicant provides: a. Letter from VA Health Care, Doctor B_ F_, dated 13 May 2016, states: * he is caring for the applicant in the VA Endocrine clinic for transgender treatment male to female * he has reviewed the applicant’s medical history and performed a physical examination on the applicant * he has determined that the applicant has achieved appropriate clinical treatment for transition to female gender b. Supreme Court State of , Order for Name Change, dated 12 May 2016, states it is ordered that the petitioner William Sh_ Qu_ is authorized to assume the name Emily Ni_ Wi_ in place of her present name upon compliance of the Order. On 27 May 2016, the County Clerk of Jefferson County certified that the Order had been complied with. 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 In the past, the ABCMR has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214, for the period ending 30 April 2015 under the name granted to her by the court. BOARD DISCUSSION: Due to the unique circumstances of transgender personnel, evidence of record indicates her name change should be reflected on her DD Form 214. BOARD VOTE: Member 1 Member 2 Member 3 X X X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2015 with the name in item 1 (Name) entered as the name shown on the applicant’s Supreme Court State of Order for Change of Name, dated 12 May 2016, which the applicant is "authorized to assume." No entries should be made in item 18 (Remarks) of the reissued DD Form 214 listing a previous name or indicating that either 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 Army records of the individual concerned. ___________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. 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 provides, in pertinent part, that the DD Form 214 is a summary of a 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. a. For item 1 (Name), compare original enlistment contract or appointment order and review official record for possible name changes. If name change has occurred list other names of record in block 18. b. For item 18 (Remarks), 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. c. 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). ABCMR Record of Proceedings (cont) AR20160013144 3