ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    1 April 2019

	DOCKET NUMBER:  AR20170010426


APPLICANT REQUESTS, in effect:  correction of her DD Form 214 (Report of Separation from Active Duty) to show her current legal name and gender identity without reference to any former name she used in the Air Force.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Report of Separation from Active Duty)
* Certificate of Change of Name, dated 12 January 2017
* New Birth Certificate
* Copies of proceedings from the Air Force, Navy, and Army Review Boards (not belonging to the applicant)

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 this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant makes reference to the correction of U.S. Air Force records.  

	a.  Army Regulation 15-185 (ABCMR) states, the ABCMR’s jurisdiction under Title 10, U. S. Code 1552 extends to any military record of the Department of the Army.  It is the nature of the record and the status of the applicant that define the ABCMR’s jurisdiction.

	b.  Any matter pertaining to the correction of records that do not fall within the jurisdiction of this Board will not be addressed in this record of proceedings.

3.  The applicant states she is a transgender female who changed her legal name from "XXXX" to "XXXX."  Correcting the name on her DD Form 214 will effectively remedy an injustice within the transgender community by providing protection from employment discrimination on the basis of gender expression, harassment, and mistreatment.

4.  The applicant's DD Form 214 for the period 18 August 1975 through 14 October 1976 shows her name as "XXXX" in item 1.  Her DD Form 214 does not list a former name in item 27 (Remarks).  This document also shows her gender as "M" for male in item 2.

5.  The applicant's military record is void of any documents recording her current legal name.

6.  The  Court ordered the applicant's legal name change to "XXXX" on 12 January 2017.

7.  The applicant provides her new birth certificate, dated 2 February 2017, which lists her name as "XXXX" and her gender as "FEMALE."

8.  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.  A post-service name change does not retroactively create an error on the DD Form 214.  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.

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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 October 1976 with the following amendments: 

   a.  the applicant's legal name, as recorded on the court ordered name change document, will be entered in item 1 (Name (Last, First, Middle)), and 
   
   b.  the applicant's gender marker listed in item 2 (Sex) will be corrected to "F," and

   c.  no entries will be made in item 18 (Remarks) of the reissued DD Form 214 that lists a previous name or gender marker or that indicates 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 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 Item 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 item 18 (Remarks).

   c.  For Item 18 (Remarks), 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.  The Deputy Assistant Secretary of the Army (Review Boards), Army Review Boards Agency, is authorized to issue or reissue DD Forms 214.  Once a 
DD Form 214 has been issued, at the direction of the ABCMR or in other instances when appropriate, 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.  Army Regulation 15-185 (ABCMR) states, the ABCMR’s jurisdiction under Title 10, U. S. Code 1552 extends to any military record of the Department of the Army.  It is the nature of the record and the status of the applicant that define the ABCMR’s jurisdiction.


ABCMR Record of Proceedings (cont)	 AR20170010426
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