ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 19 September 2019 
DOCKET NUMBER: AR20170015200

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name change

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Driver’s License
   *	Order Granting Name Change 
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 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:

   a.	He is a transgender man.  He changed his legal name from X__ X__ X__ to 
X__ X__ X__ in 2015, as evidenced in the attached name change order, to align his 
name with his gender identity.

   b.	Disclosure of his former name, in effect, shows his transgender status. This is an 
injustice due to the social stigma and discrimination that transgender people face. His 
current DD Form 214 with his prior name reveals his transgender status every time he 
shows the form.  This injustice can be remedied effectively by issuing a correct DD 
Form 214 listing his current legal name of X__ X__ X__.

3.	The applicant provides:

  a.	A copy of his Oregon Driver’s License, which lists his name as “A X__ X__ X__.“

  b.	An order granting his change of name, dated 20 February 2015, it shows the 
applicant’s full name from “X__ X__ X__ to X__ X__ X__.”
  




4.	A review of the applicant’s service record shows:

   a.	He enlisted in the US Army Reserve (USAR) on 7 August 2008, under the name 
of “X__ X__ X__“ and identified himself as a male.

   b.	He was discharged on 1 September 2009. Item 1 of the DD Form 214 shows the 
applicant’s name as “X__ X__ X__“.

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Form 214 is a historical document that should reflect the record as it existed at the time 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 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 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.

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 Army Board for Correction of Military Records 
(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 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 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).