ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20170013970 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his name as "X__ X__ X__ X__” vice X___ X__ X__" instead of "X__ X__ X__ X__.” __ X__" * his grade as something other than Cadet APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Name Change * Social Security Card FACTS: 1. The applicant states her name has been legally changed in civilian court prior to discharge. Additionally, she is a transgender, and was discharged for that diagnosis. So, to better match her identity and her name, she request her military records be updated to reflect this. Also, the grade at time of discharge and service is Cadet, which is not a selectable option 2. Review of the applicant’s service records shows: a. The applicant entered the U.S. Military Academy on 1 July 2013 as a cadet under the full name “X__ X__ X__ X__.” b. The applicant was discharged on 27 May 2017. The DD Form 214 issued shows: * Block 1 (Name) a similar full name as that shown on the transcripts and DD Form 93 (X___ X__ X__ X__) * Block 4a (Grade, Rate or Rank) Cadet * Block 4b (Pay Grade) Special * Block 12i (Effective Date of Pay Grade) 1 July 2013 3. The applicant’s record is void evidence of an oath of office showing an appointment as a commissioned officer in any component was accepted. 4. The applicant provides: * Social security card, issued on 16 June 2017 that reflects the new name; it does not list the gender * Order for Individual Adult Change of Name, dated 24 March 2017 reflecting the new name but does not reflect a gender 5. By regulation (AR 638-8), 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. The information entered thereon reflects the conditions as they existed at the time of separation. The instruction for preparing the DD Form 214 stated: * Block 1, compare original enlistment contract or appointment order and review official record for possible name changes; if a name change has occurred list other names of record in Block 18 (Remarks) * Blocks 4a and 4b, verify that active duty grade or rank and pay grade are accurate at time of separation * Block 12i: Effective Date of Pay Grade, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade 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 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. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant some relief. The applicant’s contentions and official documentation were carefully considered. 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 name change. However, based upon the documentary evidence provided by the applicant and within the military service record, the Board concluded there was insufficient evidence to show that the applicant served in any rank when provided the medical discharge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 27 May 2017 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. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing a rank other than cadet. 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: Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for: * Block 1, compare original enlistment contract or appointment order and review official record for possible name changes; if a name change has occurred list other names of record in Block 18 (Remarks) * Blocks 4a and 4b, verify that active duty grade or rank and pay grade are accurate at time of separation * Block 12i: Effective Date of Pay Grade, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013970 4 1