ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160015266


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2016 to show her legal name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Final Decree of Change of name
* Medical Document
* Driver license
* Social security card

FACTS:

1.  The applicant states:

* she is a transgender woman and legally changed her name from "" to "" to align her name with her gender identity
* the appearance of her old name on her DD Form 214 is an injustice because it discloses her transgender status leaving her vulnerable to social stigma and discrimination that transgender people face 

2.  The applicant provides: 

* Final Decree for Change of name, dated 12 August 2016, that shows the Court approved a name change from "" to ""
* Medical document, dated 18 August 2016, confirming the applicant underwent the appropriate clinical treatment for gender transition to female
* Driver License and social security card reflecting the name as ""

3.  Review of the applicant's service record shows: 

	a.  The applicant enlisted in the U.S. Army Reserve on 19 March 1994 and in the Regular army on 2 May 1996, using the name "" and identifying herself as a male. 

	b. She was honorably retired on 31 January 2016.  Item 1 of the DD Form 214 for this period of service shows the name as recorded in the entrance documents.  

4.  The ABCMR has, in the past, denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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.

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.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief was warranted.  Based upon potential prejudices transgender Soldiers may face when presenting a DD214, the Board recommend that the potential injustice should be corrected to annotate the current name used by the applicant.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:x	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 for the period ending 31 January 2016 with the name in block 1 entered as the name shown on the applicant’s Court Decree Changing Name (dated 12 August 2016).  No entries should be made in block 18 of the reissued DD Form 214 listing a 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.
	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable


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.  

	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.  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)	 AR20160015266


2


1