ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170001106 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name change APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * court order approved name change * letter from his medical provider * birth certificate * U.S. Passport * Driver’s License * Social Security Card * Veterans Affairs Identification Card 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He is a transgender man. He changed his legal name from (Name (Last, First, Middle) X___, X___ X___ to X___,X___ X___ on 14 September 2016, as evidenced in the attached name change order, to align his name with his gender identity. b. Disclosure of his former name, in effect, shows his transgender status. This is an injustice, due to the social stigma and discrimination that transgender people face his current DD Form 214 (Certificate of Release or Discharge from Active Duty) with her prior name reveals his transgender status every time she shows the form. This injustice can be remedied effectively by issuing a correct DD Form 214 listing. 3. The applicant provides: a. A court order approved document, dated 14 September 2016, which changed his name from X___ X___ X___ to X___ X___ X___. b. A letter from his medical provider stating that he is a man and that he has successfully completed his transition from female to male. c. A birth certificate with his name shown as X___ X___ X___. d. A United States Passport with his name shown as X___ X___ X___. e. New York Driver’s License with his name shown as X___ X___ X___. f. A social security card with his name shown as X___ X___ X___. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 5 October 2010, his DD Form 4 (Enlistment/Reenlistment Document) in Block 1 shows his name as X___ X___ X___. b. On 21 March 2011, he was discharged from active duty with an uncharacterized character of service. He completed 5 months and 18 days of net active period. His DD Form 214 shows in Block 1 shows his name as X___ X___ X___. 5. 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 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. 6. 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. 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). 7. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for the period of service ending 1 October 1973 with the name shown on the certificate of change of name. No entries should be made in Block 18 of the reissued DD Form 214 listing his/her 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/her 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 21 March 2011 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 d complete record of the proceedings of the Army Board for Correction of Military Records in their 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. There 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 staimitations 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 Reviermy Review Boards Agency (ARBA), is authorized to issue or reissue DD Form 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 properted by issuance of a DD Form 215 (Correction to DD Form 214). e. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 1 October 1973 with the name shown on shown on his/her court order. No entries should be made in Block 18 of the reissued DD Form 214 listing his/her 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/her previou gender. //NOTHING OLLOWS// ABCMR Record of Proceedings (cont) AR20170001106 4 PAGE \* MERGEFORMAT Error! Unknown switch argument.