ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 August 2019 DOCKET NUMBER: AR20170005629 APPLICANT REQUESTS: correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her legal name change APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 Certificate of Release or Discharge from Active Duty) * US Passport * Driver’s License * Final Decree Changing Name * Certificate of Live Birth * Physician’s Statement 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. She changed her legal name from A----- S---- G---- to H---- B ---- T---- in 2013, as evidenced in the attached name change order, to align her name with her gender identity. b. Disclosure of her former name, in effect, shows her transgender status. This is an injustice due to the social stigma and discrimination that transgender people face her current DD Form 214 with her prior name reveals her transgender status every time she shows the form. This injustice can be remedied effectively by issuing a correct DD Form 214 listing her current legal name of H---- B---- T----. 3. The applicant provides: a. A copy of her United States Passport and Colorado Driver’s License, which list her name as “H---- B---- T----“. b. A final decree granting her change of name, dated 21 March2013. It shows the applicant’s full name from “A---- S---- G---- to H---- B---- T----.” c. Statement from the attending Physician, notarized on 28 February 2017, stating the applicant underwent gender reassignment surgery, and is presenting full time as a female, and fulfills all requirements set forth by the World Professional Associate for Transgender Health. 4. A review of the applicant’s service record shows: a. The applicant enlisted in the Regular Army on 9 January 2002, under the name of “A---- S---- G----“ and identified herself as a male. b. the applicant was discharged on 5 December 2002. Item 1 of the DD Form 214 shows the applicant’s name as “A---- S---- G----“. 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 her request could prevent or delay receipt of benefits for which she must provide a DD Form 214 as proof of military service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and official documentation were carefully considered. With the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record. 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. Reissuing the applicant's DD Form 214 for the period ending 5 December 2002 with the name in item 1 (Name (Last, First, Middle)) entered as it is shown on the applicant's Final Order – Petition to Change Name. b. No entries should be made in item 30 (Remarks) of the reissued DD Form 214, either listing the applicant's 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. 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005629 4 1