ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 September 2019 DOCKET NUMBER: AR20170002257 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), period ending on 9 September 2007 to show in: * Item 1 (Name (Last, First, Middle)), her correct name change * Item 18 (Remarks) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, period ending 9 September 2007 * Court Order to Change Name, dated 13 June 2016 * Birth Certificate, issued 1 July 2016 * Social Security Card * State Identification Card * Department of Veterans Affairs (VA) Identification Card 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 and changed her legal name in 2016, as referenced in the attached name change order, to align with her name with her gender identity. b. The disclosure of her former name, in effect discloses her transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. Her current DD Form 214 recorded with her prior name, reveals her transgender status every time she is asked to present the form. The injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current legal name as X____ X___ X_____. c. It is estimated that more than 134,000 of the nation’s approximately 21 million Veterans may be transgender. Not-withstanding their honorable service in the military, these veterans can encounter substantial burdens in obtaining post-service benefits because their names and implied genders memorialized on their military service discharge documents no longer match their names and genders following release from service. d. The DD Form 214 is commonly required by employers, particularly for employment in positions which have a preference for veteran candidates. There is no federal law that consistently protects transgender individuals from employment discrimination. Only 17 states and the District of Columbia provide protection from employment discrimination on the basis of gender expression. As a result, transgender veterans face serious possibilities of discrimination in employment, including being fired, being denied a promotion, and experiencing harassment on the job. e. A recent study found 47% of the transgender individuals surveyed had experienced an adverse job outcome, such as being fired, not hired or denied a promotion because of being transgender. 90% of those surveyed, reported experiencing harassment, mistreatment, or discrimination on the job or took actions like hiding who they are to avoid it. f. The DD Form 214 is also crucial for Veterans to prove their record of service in connection with various veterans' benefits including, among other things, applying for educational opportunities, applying for benefits for their dependents, and for accessing the same benefits they had while on active duty status. Transgender veterans may be systematically denied access to such benefits and services due to the incongruities between the names (and implied genders) that appear on their DD Form 214s and their current and correct names and genders otherwise reflected accurately in court orders, state identification cards, and revised birth certificates. Unlike other military records, the DD Form 214 is designed for a post service audience and is used throughout a Veteran's lifetime to provide proof of service. In other words, while most military service records are created primarily for the benefit of the Defense Department, the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a Veterans' preference. g. A record correction of the DD 214 is a reasonable remedy when a Veteran demonstrates that allowing the DD 214 to remain uncorrected would constitute an injustice, even if it were technically correct when issued. She states she also respectfully request that, in order to prevent a potential injustice, any former name used by her while serving in the Army not be listed in block 18 of my DD 214. The inclusion of her former name in Item 18 of her DD 214 could lead to the same injustice of employment discrimination or delayed benefits and privileges that she’s seeking to correct by changing her name in Item 1 of her DD 214. h. In a decision dated December 17, 2014, the Board granted the same relief that the applicant states she’s requesting, bringing it in agreement on this issue with the Navy BCNR (Board of Corrections for Naval Records) and Air Force BCMR (Board of Corrections for Military Records). In the decision, the Board concluded that, "considering the unique circumstances of transgender personnel, it would be appropriate to issue a new DD Form 214" with the changed name of a transgender Army Veteran entered into Item 1 of the DD Form 214. The Board also concluded that no entries should be made in block 18 of the reissued DD Form 214 listing the veteran's previous name or indicating that the DD Form 214 was administratively reissued as doing so "would undermine the purpose of granting relief by drawing attention to [the Veteran's] previous gender." A copy of the Army Board's decision is attached, as well as, a copy of the court order changing my name. i. She states, she takes pride in her service to the country and the US Army. She describes it as her dream career, and states, when she served, she made more of a meaningful contribution to society and felt a greater sense of purpose than any other point in her life. She adds, her DD 214 should be a badge of honor that reflects well this period of personal duty and achievement. j. The applicant states she was born identifying as female, she identified as female while she served (albeit privately, due to the risks of discharge), and she’s identified as female since her separation from service. Like anyone, she states, her gender is an essential part of who she is. As such, there should be no disconcert between who she is and what she did during her service. Unfortunately, as her DD 214 is currently written, there is, and she states she has suffered for it. k. She shares, since late 2015, when she changed her name, coordinating and developing rapport with VA health care providers and administrators has ranged from being awkward to humiliating. (Mostly the latter). Sometimes it has been so disruptive that care has been suspended and appointments delayed or canceled. She adds, instead of their being a feeling of gratitude for her service, she felt, to varying degrees, like a shunned outcast. She states it has exacerbated mental health issues and ultimately catalyzed the loss of social support and the onset of homelessness. For these reasons and in the interests of justice, she asks that the Board grant the relief she’s requesting in order to ensure that, as a veteran who has honorably served her country, she may have an unfettered opportunity to claim the benefits and privileges she has earned through such service and may avoid unwarranted discrimination. 3. The applicant provides: a. A copy of her DD Form 214, which shows in Item 1, her name at the time of separation was entered as (Last, First, Middle), “X_____, X____, X____.” b. A Court Order, dated 13 June 2016, issued by the State of North Carolina, approving the applicant's name change from " X_____, X____, X____" to " X_____, X____, X____." c. A State of California, Certificate of Live Birth, issued 1 July 2016, showing the applicant’s full name as " X_____, X____, X____” and the sex as F (Female). d. A copy of her Social Security Card, showing the applicant’s full name as " X_____, X____, X____.” e. A copy of her Virginia State Identification Card, issued on 15 November 2016 and reflects her full name as " X_____, X____, X____” and the sex as F (Female). f. A copy of her VA Healthcare Identification Card, showing her full name as "H_____ T___ C_______.” g. No Decision Precedent was attached to the request for review. 4. Review of the applicant's service records shows: a. The applicant enlisted in the U.S. Army Reserve on 20 April 2005 under the name " X_____, X____, X____" and identified herself as a male. b. Permanent Orders 214-604, dated 2 August 2006, mobilized the applicant and ordered her to active duty on 11 August 2006. The Orders shows the applicant’s name at the time as " X_____, X____, X____." c. The applicant’s service record was void of Orders and a DD Form 214 releasing her from active duty. However, the copy of the DD Form 214 she provided, shows she was released from active duty on 9 September 2007. Item 1 of her DD Form 214 for this period of service shows the name " X_____, X____, X____." 5. In the past, the ABCMR has 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 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. 6. 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. 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). 7. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for the period of service ending 9 September 2007 with the name shown on the certificate of change of name. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. 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. 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 his DD Form 214 for the period ending 9 September 2007 to show her name in block 1 as the new name listed in the Court Order, dated 13 June 2016, issued by the State of North Carolina, approving the applicant's name change No entries be made in block 18 of the reissued DD Form 214 indicating the applicant's previous name or that the DD Form 214 was administratively reissued. This recommendation is limited to the DD Form 214 in question and does not extend to any other documents in the individual's record. 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. It states: 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). e. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 9 September 2007 with the name shown on his court order. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. ABCMR Record of Proceedings (cont) AR20170002257 6 1