ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20160019147


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)
*	Driver License
*	Reissued Certificate of Birth
*	Order to Change Name
*	Medical Affidavit

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 requests correction of his DD Form 214 to reflect "XXXX XXXXX" as his current legal name.  He also requests that all his corrections reflect the correct gender of "male."  He adds that he is a transgender person.  He has corrected both his legal name and gender within the methods given to him by law. The 
appearance of his old name and gender on his DD Form 214 and military record is an injustice because it discloses his transgender status every time he shows his DD Form 214.  This is an injustice due to the social stigma and discrimination that transgender people face.  This injustice can be remedied effectively by issuing him a corrected DD Form 214 listing his current legal name and gender.

3.  The applicant provides:

	a.  Driver License, issued on 12 March 2015 and reflects the full name as "XXXX XXXXX” and the sex as M (Male).  

	b.  Certification of Birth, issued on 9 February 2016, also listing the full name as "XXXX XXXXX“ and the sex as Male.

	c.  Court Order, dated 30 January 2013, approving the applicant's name change from "XXXX XXXXX " to "XXXX XXXXX." 

	d.  Medical affidavit, dated 18 June 2013, from a surgeon who states psychological and medical testing had been carried out to determine this [Applicant's] true gender.  This was determined to be Male.  [Applicant] has been diagnosed with Gender Identity Disorder, also known as transsexualism, and has undergone psychological treatment.  He has been referred for and undergone surgical procedures of chest masculinization performed to irreversibly correct his anatomy and appearance.  He has been treated in accordance with the accepted medical protocol for the treatment of Gender Identity Disorder and has completed sexual reassignment.

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

	a.  The applicant enlisted in the U.S. Army Reserve on 24 August 2007 under the name "XXXX XXXXX" and identified himself as a female. 

	b.  The applicant entered active duty for training (ADT) on 23 October 2007 and he was honorably released from ADT on 27 March 2008.  Item 1 of the DD Form 214 for this period of service shows the name "XXXX XXXXX."  

	c.  The applicant was mobilized and entered active duty on 30 November 2008.  He was honorably released from active duty on 30 November 2009.  Item 1 of the DD Form 214 for this period of service shows the name "XXXX XXXXX."

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 evidence, the Board found that relief was warranted.  Based upon the potential prejudices that transgender Soldiers may face when presenting a DD Form 214, the Board recommends that the requested change be approved to eliminate the potential injustice the former service member may face in future transactions.



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 Forms 214 for the period ending 27 March 2008 and 30 November 2009 with the name in block 1 entered as the name shown on the applicant’s Order Granting Change of Name, dated 30 January 2013.  No entries should be made in block 18 of the reissued DD Form(s) 214 listing a previous name or indicating that the DD Forms 214 
were administratively reissued.  This recommended relief is limited to the two DD Forms 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)	 AR20160019147

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