MY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 September 2019

	DOCKET NUMBER:  AR20170009551


APPLICANT REQUESTS: correction of 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 Record)
* Court Order Granting Change of Name
* Physician’s Statement
* Driver’s License
* Social Security 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 (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:

	a.  He is a transgender man.  It is estimated that as many as 140,000 of the nation's approximately 26 million veterans may be transgender. Notwithstanding their honorable service in the military, these veterans can encounter substantial burdens in obtaining post-service benefits because their names and implied genders memorialized on their military service discharge documents no longer match their names and genders following release from service. The DD 214 is commonly required by employers, particularly for employment in positions that have a preference for veteran candidates. There is no federal law that consistently protects transgender individuals from employment discrimination.

	b.  He changed his legal name from X---- X---- X---- to X---- X---- X---x-X---- in 2017, as evidenced in the attached name change order, to align his name with his gender identity.  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 with his prior name reveals his transgender status every time he shows the form.  This injustice can be remedied effectively by issuing a correct DD Form 214 listing his current legal name of X---- X---- X----x-X----.

3.  The applicant provides:

	a.  An order granting his change of name, dated 18 January 2017.  It shows the applicant’s full name from X---- X---- X---- to X---- X---- X----x-X----.

	b.  A statement from the attending Physician, dated 13 April 2017, stating the applicant had the appropriate clinical treatment for gender transition to the new gender, male.

	c.   A copy of his Massachusetts Driver’s License, and social security card which list his name as X---- X---- X----x-X----..

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

	a.  He enlisted in the Regular Army on 14 March 1989, under the name of “X---- X---- X---- “and identified himself as a male.

	b.  He was discharged on 5 September 1995.  Item 1 of the DD Form 214 shows his name as “X---- X---- 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 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	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 5 September 1995 with the name in block 1 entered as the name shown on the applicant’s order granting name change.  No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating that the DD Forms 214 were 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.  

    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)	 AR20170009551


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