ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20170013572 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 March 1989 to show her legal name change on all military documents from X__ X __ X__ to X__ X__ X__, and to change her gender from M (Male) to F (Female). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Court Order dated 6 January 2016 * Wisconsin Certificate of Live Birth * U.S. Passport * Social Security Card * Texas driver’s license * Department of Veterans Affairs (DVA) 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 (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 Soldier, and is requesting all documents be changed to her new name and gender marker. Her DD Form 214 still reflects her old name and gender, which leaves her open to unnecessary scrutiny, embarrassment, and prejudice. She has changed all her documents inside and outside of the DVA with the exception of her discharge (DD Form 214). Her employer is requesting a copy of her final discharge. This correction is all she is seeking to complete her transition. 3. The applicant provides: a. Court order, dated 6 January 2016, from the district court of County, , that shows her legal name change from X__ X__ X__ to X__ X__ X__, and the corresponding gender marker from male to female. b. Her State of certificate of live birth that shows her name as X__ X__ X__, her date of birth on 2x Xuxx 1xxx, and the gender marker as female. c. Her U.S. Passport, issued on 27 January 2017, that shows her name as X__ X__ X__, date of birth on XX Xxx XXXX, and the gender marker as female. d. Her Social Security Card, dated 10 January 2017, that shows her social security number #xx-xx-xxxx, and her name as X__ X__ X__, e. Her driver’s license from the State of , dated 10 January 2017, that shows her driver’s license number, her name as X__ X__ X___, her date of birth on 2x Jxxx 1xxx, and the gender marker as female. f. Her DVA identification card with #12xxxxxxxxx that shows her name as X__ X__ X__. 4. A review of the applicant’s service record shows: a. DA Form 2-1 (Personnel Qualification Record – Part II), item 35 (Record of assignments) shows she enlisted in the Regular Army (RA) on 31 March 1987, and released from active duty (REFRAD) on 30 March 1989. Her initial enlistment contract was not available for review. Her name is reflected as X__ X__ X__. b. She entered active duty on 301 March 1987. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 March 1989 shows in Item 1 her name similar to that on the enlistment document. c. She enlisted in the Texas Army National Guard (TXARNG) on 26 April 1990. Her name is reflected as X__ X__ X__. d. She entered active duty on 11 October 1990. Her DD Form 214 for the period ending 7 June 1991 shows in item 18 (Remarks) item 1, the name similar to that on the enlistment document. e. DA Form 199 (Physical Evaluation Board (PEB) Proceedings, shows a board was convened on 20 June 1991, which determined she was unfit for further military service and recommended she be separated with severance pay. f. Orders 165-75, dated 21 August 1991, published by the State of Texas, Adjutant General’s Office, shows she being discharged from the ARNG and as Reserve of the Army, effective 26 August 1991. Her NGB Form 22 (Report of Separation and Record of Service) shows in item 1 (Name), the name 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), states 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. 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. 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 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 properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170013572 5 1