ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20170007867


APPLICANT REQUESTS:  correction of his records to show his legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Physician’s Statement of gender Change
* Circuit Court Order of 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, in effect, he is a transgender male and legally changed his name to "X____ X. X____" to align with his gender identity.

3.  A review of his service records shows:

	a.  He enlisted in the Indiana National Guard on 28 February 2003.  The applicants DD Form 4/1 (Enlistment/Reenlistment document) shows his name as " X____ X. X____"" in item 1.

	b.  The applicant's National Guard Bureau (NGB) Form 22 (National Guard Bureau Report of Separation and Record of Service), ending on 14 October 2012, shows his name as "X____ X. X____" in item 1.  His NGB 22 does not list a former name in item 18 (Remarks).

4.  The applicant provided:

	a.  A Court Order Changing Name, issued by the Circuit Court of the State dated 13 March 2015, changed the applicant's legal name from "X____ X. X____" to " X____ X. X____."
	b.  A statement from his physician’s, dated 28 May 2015, stating he has successfully undergone appropriate treatment for gender dysphoria.

5.  By regulation 635-5 (Separation Documents) in effect at the time of the applicant separation nor Army Regulation 635-8 (Separation Processing and Documents), currently in effect, provide for entering gender markers on the DD Form 214.  

6.  The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army and Army National Guard records of the individual concerned be corrected by reissuing the NGB Form 22 with the name in block 1 entered as the name shown on the Court Order Changing Name, issued by the Circuit Court of the State of Indiana, County of Hamilton, dated 13 March 2015.  

	 
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), dated 10 February 2014, 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

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007867


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