ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160016500


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Order Granting Change of Name of Adult
*	Counseling Center Statement
*	Cosmetic and Laser Center Statement
*	Department of Veterans Affairs (VA) Card
*	Driver License
*	Social Security Card
*	U.S. Passport
*	VA Verification Letter

FACTS:

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

2.  The applicant states he is a transgender man.  He changed his legal name from 
XXXX XXXXX to XXXX XXXXX in 2015, as evidenced in the attached name change 
order, to align his name with his gender identity.  The appearance of his old name on 
his DD Form 214 is an injustice because it reveals his transgender status every time he 
shows his DD Form 214.  Disclosure of his former name, in effect, discloses his 
transgender status.  This is an injustice due to the social stigma and discrimination that 
transgender people face.  This injustice can be remedied effectively by issuing a correct 
DD Form 214 listing his current name.

3.  The applicant provides:

	a.  Order Granting Change of Name of Adult, dated 3 June 2005, changing the 
applicant's full name from " XXXX XXXXX " to " XXXX XXXXX."  

	b.  Order Granting Change of Name of Adult, dated 5 April 2007, changing the 
applicant's full name from " XXXX XXXXX" to " XXXX XXXXX." 

	c.  Statement, dated 19 April 2007, from a Counseling Center that essentially states, 
the applicant is a female-to-male transsexual.  Transsexualism is a 
neuroendocrinological experience for which the recommended protocol, in this case, is 
for [Applicant] to live full-time as a male, consistent with protocols established by the 
World Professional Association of Transgender Health.  The clinical opinion, as mental 
health experts of transgender issues, was that [Applicant] should be accorded the right 
to live fully in freedom from harassment or discrimination.  This letter is confirmation of 
his diagnosis of Gender Identity Disorder.  

	d.  Letter of verification from a Cosmetic and Laser Center that essentially states the 
applicant is transgendered, by surgical reconstruction and that he is currently under 
treatment for the neuroendocrinological condition commonly referred to as 
transsexualism.  

	e.  Social security card, VA card, U.S. Passport, VA Medical card, and letter from the 
VA, that listed his name as " XXXX XXXXX." 

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

	a.  The applicant enlisted in the Regular Army on 17 March 1994 under the name " 
XXXX XXXXX" and identified himself as a female. 

	b.  The applicant was discharged on 2 June 1999 due to disability.  Item 1 of the 
DD Form 214 for this period of service shows the name " XXXX XXXX."   

5.  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.

6.  The applicant's unique circumstances as a transgender individual warrant further 
consideration, because denying his request could prevent or delay receipt of benefits for 
which he must provide a DD Form 214 as proof of military service.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, 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 to eliminate those potential injustices faced by the former service member.

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 2 June 1999 with the name in block 1 entered as the 
name shown on the applicant’s Order Granting Change of Name of Adult, dated 5 April 
2007.  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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records 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 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.  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)	 AR20160016500

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