ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2019 DOCKET NUMBER: AR20170005920 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change from Xx__ Xx__ Xxx__ __ to Xx__ Xx__Xx__. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Letter from Physician * Affidavit of Dr. X___ X___ * Identification Cards * Court Order for 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 that the disclosure of his former name, in effect discloses his transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. His current DD Form 214 recorded with his prior name reveals his transgender status every time he is asked to present the form. The injustice can be remedied effectively by issuing a corrected DD Form 214 listing his current legal name as Xx__ Xx__ Xx__. He also states that he is a transgender female to male, who lives his life completely as the male gender. His social security card and driver’s license currently reflects his legal name, as well as, a male identity marker. He lives a stealth life as a male, meaning he doesn’t disclose publicly that he is transgender. That is kept between his doctors, family, and maybe a couple of close friends. He was not previously aware that it was possible to remedy this injustice, and request correction of his record. He will not have to reveal his transgender status every time he is asked to present his DD Form 214. 3. The applicant provides: a. Physician Letter, dated 3 February 2016, which states the applicant has been under the doctor’s care since 2007, and that he has been diagnosed with gender identity disorder. b. Affidavit of Dr. X__ X__, dated 7 June 2016, which states the applicant has been diagnosed with Gender Dysphoria and has undergone psychological treatment, and has completed sexual reassignment in accordance with appropriate medical procedures. c. Identification Cards, Florida Driver’s License, and Department of Veterans Affairs Identification Card. d. Court Order, dated 9 November 2012, which states that the applicant has legally changed his name from Xx__ Xx__ Xx__ to Xxx__ Xx__ Xx__. 4. A review of the applicant’s service records shows the following: a. On 24 October 1985, he enlisted into the Regular Army under the name Xx__ Xx__ Xx__ and identified himself as a female. b. On 22 April 1986, a medical evaluation board convened and determined that the applicant had a medical conditions that failed retention standards and referred him to a physical evaluation board (PEB). c. On 30 May 1986, the PEB concluded that the applicant’s condition prevented satisfactory performance of duty as an Aircraft Powerplant Repairer in the grade of E-2, and recommended separation from service with severance pay, and a 10% disability rating. d. On 19 September 1986, the applicant was honorably discharged from active duty His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214) shows his full name as "Xx__ Xx__ Xx__." 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. 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 19 September 1986 with the name shown on the certificate of change of name. 7. 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). 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. ABCMR Record of Proceedings (cont) AR20170005920 5 1