ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160016718


APPLICANT REQUESTS:  the name on her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to be corrected to show her legal name as XXXX XXXXX 
vice XXXX XXXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	County District Court, Staten, dated 3 August 2015
*	Patient Information regarding Gender Confirmation Operative Report, dated 
*	19 November 2018
*	A letter from the Director of the Denver Health Obstetrics and Gynecology 
Department, dated 29 November 2018
*	DD Form 214

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:

	a.  She is a transgender woman who changed her legal name from XXXX XXXXX to 
XXXX XXXXX in 2015, as evidenced in her legal court order, to align her name with her 
gender identity.  

	b.  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, and because of 
the social stigma and discrimination that transgender people face.  

	c.  This injustice can be remedied effectively by issuing a correct DD Form 214, 
listing her current name.  

3.  Her DD Form 214, item 1 (Name) shows her name as XXXX XXXXX.

4.  The applicant provides:

	a.  A court order from the State of Washington, dated 3 August 2015, that shows her 
name was legally changed from XXXX XXXXX to XXXX XXXXX . She is currently 
applying to the California State Vital Records to change her name and gender marker 
on her birth certificate.

	b.  Medical documentation confirming her gender reconstructive surgery on 19 
November 2018.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  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.

6.  In the past, the ABCMR has denied similar applications for name changes 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.

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 to eliminate those potential injustices that may occur for those former service 
members.  


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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 the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by voiding her current 
DD Form 214 and issuing her a new DD Form 214, showing her name as shown on her 
court-ordered name change.  No entries should be made in block 18 of the reissued 
DD Form 214 listing her previous name or indicating the DD Form 214 was 
administratively reissued.


	  
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

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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.  The Merriam-Webster Medical Dictionary defines transgender as an adjective 
meaning of, relating to, or being a person who identifies with or expresses a gender 
identity that differs from the one which corresponds to the person's sex at birth.

3.  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.  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.

	a.  The instructions for the DD Form 214, item 1 states to review and compare the 
official record with the original enlistment contract or appointment order for possible 
name changes.  If a name change has occurred, list other names of record in block 18 
(Remarks).

	b.  The instructions for block 18 state, 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.  At the direction of the Army Board for Correction of Military Records (ABCMR) or 
Army Discharge Review Board, or in other instances when appropriate, the Deputy 
Assistant Secretary of the Army (Review Boards) 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)	 AR20160016718
	
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