ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170010532 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), to include, item 18 remarks, ending on 11 April 1980 to show her legal name change. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant Letter * DMV Confidential Medical Information Authorization * Operator’s License * Medicare Insurance Card * Social Security Card * Veterans Affairs Identification Card * Doctor’s Note * Army Board for Correction of Military Record (ABCMR) Proceedings (example) * ABCMR Letter (example) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Veteran Administration appointment 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 from X__ X__ X__ in 2003, as evidenced in the attached name change order, to align her name with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it discloses my transgender status every time she shows her DD Form 214. This is an injustice due to the social stigma and discrimination that transgender people face. The injustice can be remedied effectively by issuing a corrected DD Form 214list her current legal name. 3. The applicant provides: a. A self authored letter stating that she also respectfully request that, in order to prevent a potential injustice, any former name used by her while serving in the Army not be listed in block 18 of her DD Form 214. The inclusion of her former name in block 18 of my DD 214 could lead to the same injustice of employment discrimination or delayed benefits and privileges that she seeks by changing her name in block 1 of my DD 214. In a decision dated December 17, 2014, the Board granted the same relief that she is now requesting, bringing it in agreement on this issue with the Navy BCNR and Air Force BCMR. In this decision, the Board concluded that, "considering the unique circumstances of transgender personnel, it would appropriate to issue a new DD Form 214" with the changed name of a transgender Army veteran entered into block 1 of the DD 214. The board also concluded that no entries should be made in block 18 of the reissued DD Form 214 listing the veteran’s previous name or indicating that the DD Form 214 was administratively reissued as doing so "would undermine the purpose of granting relief by drawing attention to [the veteran's] previous gender." A copy of the Army Board decision is attached, as well as, a copy of the court order changing her name. For these reasons and in the interests of justice, she respectfully request that the Board grant the relief she is requesting in this application in order to ensure that, as a veteran who has honorably served her country, she may have an unfettered opportunity to claim the benefits and privileges she has earned though such service and may avoid unwarranted discrimination. b. The DMV confidential medical information authorization dated 30 June 2003 reflects in the physician’s opinion her gender identification is female, her demeanor female and gender identification is female complete transitional s/p (status post) orchiectomy, on hormone therapy. c. Nebraska operator’s license, issued on 12 May 2016 reflects the full name as X__ X__ X__ and the sex as F (Female). d. Medicare Insurance Card effective date 1 June 2007 and reflects the name X__ X__ and sex as Female. e. Social Security Card reflects full name X__ L__ X__ and social security number the same as the applicant. f. Veterans Affairs Identification Card reflects name X__ X__. g. Doctor’s note dated 7 October 2008 reflects her name as X__ H__ “has completed transition from male to female, has been castrated, is on estrogen therapy and legal name change.” h. Her DD Form 214 reflects her previous name H__, J__ G__. Item 18 remarks NA. The applicant was honorably relieved from active duty for completion of required service. i. VA appointment slip dated 18 February 2017 reflects A__ L__ X__ has a scheduled appointment. 4. A review of the applicant’s service record shows: a. The applicant enlisted in the Army National Guard (ARNG) on 6 January 1977 under the name "X__ G__ X__" and identified herself as a male. b. The applicant enlisted in the Regular Army 11 April 1977 under the name "X__ G__ X__" and identified herself as a male. c. The applicant’s DA Form 2-1 (Personnel Qualification File) dated 14 April 1977 reflects his Military Occupational Specialty as P13B10 (cannon crewman). d. The Army National Guard certificate of acceptance dated 11 April 1980 reflects name X__, X_ X__ and the SSN of the applicant. e. The applicant’s DD Form 214 dated 11 April 1980 reflects the name X__, X__ X__, the SSN of the applicant MOS 13B10, Cannon Crewman, item 18 remarks NA, honorably relieved from active duty for completion of required service. f. Order 12-121077437 dated 23 December 1982 reflects the name X__, X__, X__ with an honorable discharge from the ready reserve effective date 5 January 1983. 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(s) 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: a. voiding her current DD Form 214 and issuing her a new DD Form 214, showing her name as shown on the court-ordered name change. b. No entries should be made in block 18 of the reissued DD Form 214 listing her 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. 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, 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 item 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) AR20170010532 2 1