ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170006683 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his current legal name and gender identity. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * A Physician Letter from Howard Brown Health Center, dated 1 October 2016 * Order for Name Change, issued by The State , Circuit Court, on 4 October 2016 * Photocopy of his Illinois Driver's License, issued 5 October 2016 * Photocopy of his Social Security Card, issued 20 October 2016 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, he is a transgender man who changed his legal name from "XXXX XXXXX " to "XXXX " (no middle name). His DD Form 214 records his old name and discloses his transgender identity, which places him at a disadvantage. This is an injustice because transgender people face social stigma and discrimination. Issuing a corrected DD Form 214 listing his current name will effectively remedy this injustice. 3. The applicant's DD Form 214 for the period 8 April 1987 through 21 June 1991 shows his name as "Linda Marguerite" in item 1. 4. His DD Form 214 does not provide nor include an item for or any entries identifying his gender; therefore, there is nothing on his DD Form 214 to correct regarding his gender marker. 5. The applicant's military record is void of any documents recording his current legal name. 6. The applicant provides a letter from his doctor, dated 1 October 2016, which confirms that he has had the appropriate clinical treatments for gender transition to the male gender. 7. On 4 October 2016, The State of Circuit Court ordered the applicant's legal name change to "XXXX " (no middle name). 8. The applicant provides copies of his driver's license and social security card that show his name as "XXXX." 9. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 June 1991 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 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. 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 Item 1 (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 item 18 (Remarks). c. For Item 18 (Remarks), 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) AR20170006683 1