ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170008747


APPLICANT REQUESTS:  

*	correction of her DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to show her legal name change
*	award of a second Army Good Conduct Medal (AGCM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	a letter from the Vermont Office of Veterans Affairs
*	court order changing her name
*	court order affirming her gender
*	court order changing her name
*	an amended birth certificate
*	U.S. Passport
*	social security card

FACTS:

1.  With respect to that portion of the application pertaining to the AGCM, 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 she is requesting her name and gender be corrected on both of 
her DD Form 214s.  She legally changed her gender from male to female.  She would 
like the gender and name on her DD Form 214s to be correct to ensure all her 
documentation is up to date.  Employers want to see her DD Form 214 with the proper 
and current name.  Additionally, she requests award of her second AGCM.  She never 
received her medal, because it was never issued due to command’s mission priorities.

3.  The applicant provides:

     a.  A letter from the Vermont Office of Veterans Affairs, dated 28 March 2017, 
requesting correction of her DD Form 214s.

     b.  An “Order Changing Name”, dated 23 September 2014, changing the applicant’s 
name from X__ X__ X__ to X__ X__ X__.
 
     c.  An “Order affirming her Gender Change”, dated 24 September 2014, directing 
issuance of a new birth certificate to X__ X__ X__. 

     d.  An “Order Changing Name”, dated 13 November 2014, directing correction of a 
spelling error in the applicant’s surname on her new birth certificate.

     e.  A “Court Amended Department of Health Certificate of Live Birth”, which 
corrects the spelling of applicant’s last name and otherwise correctly captures 
applicant’s gender and name changes.

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

     a.  The applicant enlisted in the Regular Army (RA) on 3 November 1999 and 
identified herself as male.

     b.  The applicant was discharged on 28 August 2003.  Item 1 of the DD Form 214 for 
this period of service shows the name “X__ X__ X__”.  She completed 3 years,            9 
months and 26 days of net active service this period.  Item 13 shows award of the 
AGCM.

     c. The applicant enlisted in the Army National Guard of the United States on           
27 February 2006 and was subsequently released to enlist in the RA.  

     d.  The applicant was discharged on 9 July 2009.  Item 1 of her DD Form 214 shows 
the name “X__ X__ X__.”  It also shows she completed 3 years of net active service this 
period; however, Item 13 does not reflect a second award of the AGCM.  

     e.  There is no derogatory information in the applicant’s file that would have 
disqualified her from receiving the second award of the AGCM.     

5.  With respect to applicant’s request for a name change, 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.
7.  By regulation (AR 600-8-22), the AGCM is awarded to individuals who distinguish 
themselves by their conduct, efficiency, and fidelity.  Although there is no automatic 
entitlement to the Army Good Conduct Medal, disqualification must be justified.  The 
period is 3 years of continuous active 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 by changing her name appearing on the DD Form 214.  

The Board also agreed the AGCM should be awarded for the subsequent 3 years of 
honorable service.

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 28 August 2003 
and 9 July 2009 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 Form 214 was 
administratively reissued; and

     c.  Awarding the applicant the Army Good Conduct Medal (2nd Award) for exemplary 
service from 10 July 2006 through 9 July 2009 and adding the medal to the DD Form 
214 for the period ending 9 July 2009. 


	  
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 (AR) 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).

3.  AR 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to 
individuals who distinguish themselves by their conduct, efficiency, and fidelity.  
Although there is no automatic entitlement to the Army Good Conduct Medal, 
disqualification must be justified.  Each 3 year period of continuous enlisted active 
Federal military service completed on or after 27 August 1940 qualifies for the award.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008747

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