ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 September 2019 DOCKET NUMBER: AR20170006325 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 May 1988 to show his legal name change. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Civil Court of the city Order Granting Leave to Change Name * FL Driver’s License * Passport 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 legally changed his name from to X___ X. X___ in 2009 to align his name with his gender identity. The appearance of his old name on his DD Form 214 is an injustice. * disclosure of his former name disclosed his transgender status * causes injustice based on the social stigma and discrimination transgender face * continued disclosure puts him at risk 3. The applicant provides: a. His DD Form 214 with his previous name. b. Civil Court of the k, Order Granting Leave to Change Name, dated 10 August 2009, where it is order that X___ X. X___ be known as X___ X. X___ and authorized him to assume said name. a. c. Florida driver’s license and passport with the name X___ X. X___ 4. A review of the applicant’s service record shows: d. On 21 May 1987, he enlisted in the Regular Army. e. After basic training and advanced individual training, he served in one stateside assignment as a 31V (Tactical Communication System Mechanic). Multiple documents in his service record showed he identified as a female while on active duty. f. On 26 May 1988, he was honorably discharged from active duty. His DD Form 214 shows he completed 11 months and 27 days of active service with 18 days of lost time from 6 February 1988 to 24 February 1988. 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 The ABCMR has, in the past, denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 his request could prevent or delay receipt of benefits for which he 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 26 May 1988 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. 6 November 2019 X CHAIRPERSON Signed by: 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. (Optional as applicable.) 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 (Certificate of Release or Discharge from Active Duty). 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 (Name (Last, first, middle)), 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). a. 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//