ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20170000473 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her current name as X___ X___ X___, and to show she was authorized and awarded the National Defense Service Medal (NDSM.) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Discharge letter * Erie County Clerk’s Office Order for Adult Name Change, dated 13 August 2015 * Department of Veteran Affairs (VA) Health Care, VA Health Care, Upstate New York, Western New York Healthcare System, dated 3 December 2015 * New York Driver License 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 Board will not consider the applicant's request for the NDSM, as this portion of the request will be addressed through administrative correction. 3. The applicant states: a. She wants her name be corrected on her DD Form 214. She is a transgender woman and had her name legally changed in August 2015 from X___ X___ X___ to X___ X___ X___, as evidenced by the documents she has submitted, 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. c. She was not aware, until recently, that it was possible to remedy this injustice. It is in the interest of justice to correct her record so that she will not continue to be forced to reveal her transgender status, and put herself at risk. 4. On 11 September 2008, the applicant enlisted in the Regular Army, and on 11 June 2009, she was honorably discharged. Her DD Form 214 shows her name as “X____ X____, X.” 5. The applicant provides: a. A letter from the VA Health Care, which states that she is under the care of a doctor at the Endocrinology Clinic at the VA Western New York Healthcare System in Buffalo for a Gender Identity Disorder, and is undergoing therapy for a transition to the female gender, to include hormone therapy. b. Her driver’s license, which reflects her female name. c. A court order from the Supreme Court of the State of , dated 4 August 2015, that shows her name was legally changed to "X___ X___ X___.” 6. 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. A post-service name change does not retroactively create an error on the DD Form 214. 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 documents, the Board determined that relief was warranted. Based upon the potential prejudices some transgender Soldiers may face when presenting a DD214 with a different name than currently used, the Board found there were potential injustices that would provide sufficient reason to grant the requested relief. Additionally, based upon the administrative notes below by the analysts of record, the Board also determined the National Defense Service Medal should be added to her DD Form 214. 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: 1. 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: a. voiding his current DD Form 214 and issuing him a new DD Form 214, showing his name as shown on his court-ordered name change. b. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating the DD Form 214 was administratively reissued. 2. The Board also noted the administrative note below by the analyst of record and recommended that the National Defense Service Medal be added to her DD Form 214. 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): A review of the applicant’s record shows she was authorized an award not listed on her DD Form 214. As a result, amend her DD Form 214, item 13, for the period ending 11 June 2009, to add the NDSM. 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. Item 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 item 18 (Remarks). d. Item 18 – 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. e. 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, at the direction of the ABCMR or in other instances when appropriate, 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) AR20170000473 0 3 1