ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20170003794


APPLICANT REQUESTS:  correction of her DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show her current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	2 letters
*	Driver License
*	MEDICARE Health Insurance Card
*	Department of Defense/Uniformed Services Identification Card
*	Order Granting Name Change

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, in effect, she is a transgender woman who changed her legal 
name from "Xxxxxxx Xxxx Xxxxx" to Xxxxxx Xxxxxxxx Xx Xxxxxxxx" to reflect her new 
gender identity.  Her DD Form 214 records her old name and discloses her transgender 
identity, which places her at a disadvantage.  This is an injustice because transgender 
people face social stigma and discrimination.  Issuing a corrected DD Form 214 listing 
her current name will effectively remedy this injustice.

3.  Her DD Form 214 shows her name as "Xxxxx Xxxxxxx Xxxx" in item 1 (Last Name – 
First Name – Middle Name).

4.  The applicant's military record is void of any documents recording her current legal 
name. 

5.  The applicant provides an Order Granting Name Change from the State of 
Minnesota, County of Dakota, dated 13 September 1999, which shows her name was 
legally changed to "Xxxxxx Xxxxxxxx Xxx Xxxxxxxx."

6.  The applicant also provides a letter from her doctor, dated 9 May 2016, which states 
she has received the appropriate care for a woman transitioning from male to female.

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  The DD Form 214 is a historical document that should reflect the record as it existed 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:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the applicant’s statement, record of 
service, the unique circumstances faced by transgender individuals and the potential for 
denial of benefits when asked to show a record of military service.  The Board 
determined that there was sufficient evidence to support a correction to the applicant’s 
record.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

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 reissuing the DD Form 
214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 
February 1970 with the following amendments: 

   a.  the applicant's legal name, as recorded on the court ordered name change 
document, will be entered in item 1 (Name (Last, First, Middle)), and 
   
   b.  no entries will be made in item 18 (Remarks) of the reissued DD Form 214 that 
lists a previous name or gender marker or that indicates 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



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 (Item Name) - 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.  Item 18 (Item Name) - 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.  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)	 AR20170003794

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