ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20170008488


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 20 August 2007 and 30 September 2013 to show his legal name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Driver License
* Order to Change Name
* Medical Affidavit
* DD Form 214

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 requests his name and gender be changed and updated on his D Forms 214 for active duty service performed 20060201-20070820 and 20130701-20130930.  He requires this update to match his with his DD Form 214, which is a very important document that is needed when he applies for employment or any other services and benefits that require proof of military service.  This mismatch information could ultimately stop him from getting jobs and services, and even face discrimination.  He is a federal employee and he believes that his name and gender on his current DD Forms 214 kept him from getting a recent job he applied for because it does not match his current name and gender.  This injustice can be remedied effectively by issuing him a corrected DD Form 214 listing his current legal name and gender.

3.  The applicant provides:

	a.  Driver License, issued on 13 December 2016 and reflects the full name as "X__ and the sex as M (Male).  
	b.  Court Order, dated 13 December 2016, approving the applicant's name change from X__" to "X__." 

	c.  Medical affidavit, dated 22 December 2016, from a licensed physician who provides this letter to verify that [Applicant] is transgendered, by surgical reconstruction and that he is currently under our care for the neuro-endocrinological condition commonly referred to as transsexualism.  He had undergone gender-altering surgical procedures performed by him to irreversibly correct his anatomy and appearance.  As part of the "real life" therapeutic treatment process, the [Applicant] is required to live and to work, to mix with family, neighbors, friends, and co-workers - in the male gender identity as a man.

4.  Review of the applicant's service records shows: 

	a.  The applicant enlisted in the Army National Guard (ARNG) on 26 April 2003 under the name "X__" and identified himself as a female.  He also extended his enlistment in the ARNG, on multiple occasions, using this name and gender.

	b.  The applicant was mobilized and entered active duty on 1 February 2006.  He was honorably released from active duty on 20 August 2007.  Item 1 of the DD Form 214 for this period of service shows the name "X__."  

	c.  The applicant was again entered active duty on 1 July 2013 and he was honorably released from active duty on 30 September 2013.  Item 1 of the DD Form 214 for this period of service shows the name "X__."  

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(s) 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 Forms 214 for the periods ending 20 August 2007 and 30 September 2013 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 Forms 214, either listing the applicant's previous name or indicating the DD Forms 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)	 AR20170008488


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