ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:     1 April 2019

	DOCKET NUMBER:  AR20170005411


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 2-1 (Personnel Qualification Record)
* Civil Court of the  for Name Change, dated 17 November 2006
* The Reed Centre for Ambulatory Urological Surgery, dated 25 July 2011
* Tennessee Driver's License
* U.S. Passport, issued 3 January 2013
* A social security card
* Certificate of Birth
* An affidavit from a physician, dated 1 July 2014
* 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 he is a transgender man.  He changed his legal name from XXXX XXXX XXXX to XXXX XXXX XXXX in 2006, to align his name with his gender identity.  The appearance of his old name on his DD Form 214 is an injustice because it discloses his transgender status every time he shows his DD Form 214, and because of the social stigma and discrimination that transgender people face.  This injustice can be remedied effectively by issuing a correct DD Form 214 listing his current legal name.

3.  His DD Form 214, item 1 (Name) shows his name as "XXXX XXXX XXXX."

4.  The applicant provides:

* a court order from the , dated 17 November 2006, that shows his name was legally changed to XXXX XXXX XXXX
* a letter from the Urological Surgery Centre, stating that the applicant has completed a gender altering surgery
* an affidavit from a physician who performed the sexual reassignment surgery on 3 February 2013
* a birth certificate, social security card, a driver's license, and a U.S. passport, with the name "XXXX XXXX XXXX"
* DA Form 2-1

5.  The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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.  

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:

     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.

	 
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.  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)	 AR20170005411
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