ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  7 November 2019

	DOCKET NUMBER:  AR20170008746


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	court order

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 (ABCMR) 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 the court papers provided shows she has had a name 
change from Xxx__ to Xxx__, due to gender dysphoria.

3.  The applicant provides County court orders that 
changed the petitioner’s name from Xxx__ to Sxx__ due to gender dysphoria as of 
24 May 2016.

4.  A review of the applicant’s service record shows:

	a.  She enlisted in the Regular Army on 1 July 1993, under the name of “Xxx__” 
and identified herself as a male.

	b.  She was released from active duty on 20 October 1999 with an honorable 
characterization of service under provision of Army Regulation (AR) 635-200 
(Personnel Separations – Enlisted Personnel), chapter 4 (Separation for Expiration 
of Service Obligation) and assigned to the United States Army Reserve (USAR) 
Control Group (Annual Training).  Her DD Form 214 shows she completed 
2 years, 3 months and 20 days of active service.  Item 1 (Name (Last, First, Middle)) 
of her DD Form 214 shows her name as “X__“.

	c.  USAR Personnel Command Order Number D-05-124867 dated 15 May 2001, 
she was discharged from the USAR on 15 May 2001 with an honorable 
characterization of service under provision of AR 135-178 (Army National Guard and 
Army Reserve – Enlisted Administrative Separations).  Her name shows as Xxx__ on 
the order.

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DD Form 214 is a historical document that should reflect the record as it existed at 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 her request could prevent or delay receipt of 
benefits for which she 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	PD 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 her current DD Form 214 and issuing her a new DD Form 214, 
showing her name as shown on the court-ordered name change.  

     b.  No entries should be made in block 18 of the reissued DD Form 214 listing her 
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.  Title10, 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 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.  Paragraph 5-1 (When to prepare 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 (REFRAD), retirement, or discharge.  The 
DD Form 214 is not intended to have any legal effect on termination of a Soldier’s 
service.

	b.  Paragraph 5-6 (Rules for completing the DD Form 214), subparagraph a, 
block 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 block 18 (Remarks).

	c.  Paragraph 5-6r (4) (t), block 18 (Remarks), 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.

3.  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)	 AR20170008746

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