ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 November 2019 DOCKET NUMBER: AR20170014896 APPLICANT REQUESTS: in effect, correction of his name from X___, X___ X___ to X___, X___ X___ on: * Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) * Item 1 & 33 (Name) of his Service Computation for Separation * Discharge/Separation Orders Number D-03-323450 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email referencing Retirement Points * Service Computation for Separation Worksheet * DD Form 214 * Separation Orders * Legal Name Change * Letter from Doctor * Birth Certificate * Forms of Identification 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 is a transgender man that changed his legal name from X___, X___ X___ to X___, X___ X___ in 2012. The appearance of his old name on his DD Form 214 is an injustice because it discloses his transgender status every time he shows his DD Form 214. This is an injustice due to the social stigma and discrimination that transgender people face. This injustice can be remedied effectively by issuing a corrected DD214 listing his current legal name. 3. The applicant provides: a. Email Referencing Reserve Retirement Points, dated 12 November 2010. b. Service Computation for Separation, dated 12 November 2010, which reflects that he has 9 years, 1 month and 15 days of total service for pay purposes. c. DD Form 214, dated 30 May 1086, which reflects he was ordered under the name X___, X___ X___ to active duty on 22 February 1986 for training. He was honorably released from active duty (REFRAD) training under the provision of Self- Terminating Orders T-01-602154, dated 8 January 1986, for completion of active duty training. d. Separation Orders, dated 19 March 1993, which states he was honorably discharged from the USAR on 17 October 1993, under the provision of AR 135-175 (Separation of Officers). The name depicted on the separation orders is X___, X___ X___. e. Legal Name Change, dated 7 May 2012, civil number states that he changed his name from X___, X___ X___ to X___, X___ X___ on 30 April 2012. f. Letter form Doctor, dated 13 June 2012, which states the applicant underwent gender reassignment surgery from female to male on November 30th 2010. g. Birth Certificate, dated 22 May 2012, which reflects the applicant as being born a male. h. Identification Cards, which reflect the applicant’s name as X___, X___ X___. 4. A review of the applicant’s service record reveals: a. He enlisted in the United States Army Reserve (USAR) on 1 September 1982, under the name X___, X___ X___. b. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 29 April 1984, under the name X___, X___ X___. c. He was ordered under the name X___, X___ X___ to active duty on 22 February 1986 for training. He was honorably released from active duty (REFRAD) training on 30 May 1986 under the provision of Self-Terminating Orders T-01-602154, dated 8 January 1986, for completion of active duty training. d. On 18 April 1990, he was appointed as an Maryland Army National Guard officer in the Army. e. On 1 December 1991, he was honorably discharged from the Maryland Army National Guard, under the provisions of NGR 635-100 (Termination of Appointment and Withdrawal of Federal Recognition). He had 6 years, 7 months and 3 days of total service for pay. The name depicted on the NGB Form 22 (Report of Separation and Record of Service) is X___, X___ X___. f. On 17 October 1993, he was honorably discharged from the USAR, under the provision of AR 135-175. The name depicted on the separation orders is: X___, X___ X___. g. ARPC Form 2496 (Statement of Service) depicts he had 9 years, 5 months, and 19 days of total service for pay purposes. The name depicted on the form is 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. 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 19 September 1986 with the name shown on the certificate of change of name. 7. 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. 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) 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 his current DD Form 214 and issuing him a new DD Form 214, showing his 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 his previous name or indicating the DD Form 214 was administratively reissued. 2/10/2020 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 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. 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). 3. Army Regulation 635-5 (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. 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 block 18 (Remarks). 4. 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. NOTHING FOLLOWS