ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  2 October 2019

	DOCKET NUMBER:  AR20170008969


APPLICANT REQUESTS: correction of her DD Forms 214 (Certificate of Release or 
Discharge from Active Duty) to show her name as "Xxxxx X__ X__" instead of "Jxxxx 
X__ X__."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Court Order approving name change
*	Medical Document
*	A redacted case similar to this application 

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 she is a transgender woman.  She changed her name and 
gender, and she needs to have her DD Form 214 corrected to match her gender identity 
and to avoid any bias or misunderstanding when disclosing her name.  

3.  The applicant provides: 

*	Order to Change the Name, dated 24 February 2017 from a probate court in 
Ohio approving a name change of "Xxxxx X__ X__" instead of "Xxxxx X__ X__."
*	Medical document from a health care professional explaining that the applicant 
had appropriate clinical treatment for gender transition to the gender of female



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

	a.  The applicant enlisted in the Regular Army on 2 August 1995 under the name of 
"Xxxxx X__ X__."  Her record contains numerous documents that all show her name as 
"Xxxxx X__ X__."  

	b.  She was released from active duty on 1 August 1999.  Item 1 (Name (Last, First, 
Middle)) of her DD Form 214 shows his full name listed as "Xxxxx X__ X___."  She 
signed this form using this name.

5.  By regulation (AR 635-5), 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.  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).

	a.   In the past the ABCMR has 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.  This is still 
true; 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.

	b.  Considering the unique circumstances of transgender personnel, it would be 
appropriate to issue the applicant a new DD Form 214 for the period ending 26 
February 2003 with the name shown on his court order.  No entries should be made in 
block 18 of the reissued DD Form 214 listing his previous name or indicating that the 
DD Form 214 was administratively reissued.  Doing so would undermine the purpose of 
granting relief by drawing attention to his previous gender.

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:

     a.  Reissuing the applicant's DD Form 214 for the period ending 1 August 1999 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 Form 214, 
either listing the applicant's 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.  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 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.  It states:

	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)	 AR20170008969

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