ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  2 October 2019
DOCKET NUMBER: AR20170014345


APPLICANT REQUESTS: correction of his military records to show full name as
“X__ X__ X__” vice “X__ X__ X__.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	General Judgment of Name Change
*	Driver License (Not received with application)
   *	Social security card (not received with application) 
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 he has legally changed his name and gender marker. He 
provides a General Judgment of Name Change, issued by the Circuit Court of the State 
of for the County of on 28 Marc 2014 approving a name change 
from “X__ X__ X__” to “X__ X__ X__.”

3.	Review of the applicant’s available service records shows:

   a.	The applicant’s Enlistment Document and Record of Military Processing are not 
available for review. However, the DD Form 214 shows the applicant enlisted in the 
Regular Army on 2 July 2002.

   b.	The applicant’s DD Form 214 shows the applicant was discharged due to a 
disability that existed prior to service on 22 July 2003. The DD Form 214 further reflects 
in Block 1 (Name (last, First, Middle)) the full name “X__ X__ X__.”

c.	No records exist or were provided by the applicant to indicate gender change.



4.	By regulation (AR 635-5), 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.

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.	Reissuing the applicant's DD Form 214 for the period ending 22 July 2003 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.

14 January 2020

 
X 

CHAIRPERSON
Signed  by:  

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 635-5 (Separation Documents), in effect at the time, prescribed 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 item 1 (Last Name – First Name – Middle 
Name) stated to enter the last name, first name, and full middle name or names, if any.

NOTHING FOLLOWS