ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  28 March 2019 DOCKET NUMBER:  AR20160016394 


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) to show his legal gender change (female to male).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Medical document of gender reassignment

.Reissued Certificate of Live Birth

.Driver License

.DD Form 214



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he is a transgender person.  He corrected his sex assigned atbirth from female to male in 2011, as evidenced in the attached letter from his physician,to align his gender with his gender identity (male).  The appearance of his sex as femaleon his DD Form 214 is an injustice because it reveals his transgender status every timehe shows his DD Form 214.  Disclosure of his sex assigned at birth, in effect, discloseshis transgender  status.  This is an injustice due to the social stigma and discriminationthat transgender people face.  This injustice can be remedied effectively by issuing acorrect DD Form 214 listing his sex as male.  His corrected DD Form 214 and militaryrecords will finally match his civilian identification (birth certificate and driver's license).

3.The applicant provides:

a.Medical document, dated 2 July 2012, from a physician who states on 19 April2011, he performed gender reassignment surgery for the [Applicant] at the Lower Bucks Hospital, in Bristol, PA.  Prior to undergoing surgery, [Applicant] was presenting full-time as a male, had received appropriate counseling, and was on hormones as 




recommended by the World Professional Association for Transgender Health.  Now that the gender reassignment surgery is successfully completed and [Applicant] is fully functioning in his new gender, he requests to have his records changed to reflect his new gender.   b. Certificate of live birth, issued on 27 October 2014, listing the applicant's name as "" and the gender as "Male." c. Driver license, expires on 10 August 2020, listing the applicant's full name as"" and the sex as "Male." 

4.Review of the applicant's service records shows:

a.The applicant enlisted in the Regular Army on 7 March 1977 under the name

"" and identified himself as a female. b. The applicant was discharged on 27 April 1978.  Item 1 of the DD Form 214 for this period of service shows the name "" and item 2 (Sex) shows the letter "F" (indicating Female).   



5.The ABCMR has, in the past, denied similar applications on the basis that the DDForm 214 is a historical document that should reflect the record as it existed at the timethe DD Form 214 was created.  The underlying reasoning has been that a post-servicechange does not retroactively create an error on the DD Form 214.6.The applicant's unique circumstances as a transgender individual warrant furtherconsideration, because denying his request could prevent or delay receipt of benefits forwhich he must provide a DD Form 214 as proof of military service.  The DD Form 214currently in effect does not contain a block for "sex" or "gender."

BOARD DISCUSSION: 

After reviewing the application and all supporting evidence, the Board determined that relief was warranted.  Based upon the potential prejudices that transgender Soldiers may face when presenting a DD214, the Board recommended making the requested change in gender.   
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 27 April 1978 with the name in block 1 entered as the name shown on the applicant’s original DD Form 214 (less the gender).  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. 


X

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: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three 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 three-year statute oflimitations 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, includingpreparation of the DD Form 214.

a.The DD Form 214 is a summary of the Soldier’s most recent period of continuousactive 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 orderand 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 otherinstances 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).