ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS

IN THE CASE OF: 
BOARD DATE: 30 September 2019 
DOCKET NUMBER: AR20170015371

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), block 1 to show his current legal name X___ X. X 	.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	affidavit medical letter
*	court judgment
*	driver’s license
*	social security card
*	redacted example ABCMR 
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. He changed his legal name from 
X ___, X___ X. to X___, X___ X. in 2017, as evidenced in the attached name 
change order from the court, to align his name with his gender identity. 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 DD Form 214, listing his current legal name. 
The applicant provided a detailed attachment for further evidence and explanation 
(attachment enclosed in packet).

3.	The applicant provides:

   a.	An affidavit medical letter, dated 28 March 2017, from Take Shape, X____ X____ 
medical doctor, states that he performed and completed sex reassignment surgery on the 
applicant on 28 March 2017.  This should qualify the applicant to be legally considered
   


male within the guidelines of the particular jurisdiction in which this individual seeks to 
legally change his gender status.

   b.	On 10 July 2017, the supreme court of made a final judgment to authorize the 
applicant’s name to be change from X 	X 	X 	to X 	X 	X 	.

c.	His NJ driver’s license, dated 18 July 2017 has his name as X 	 X X 	.

   d.	His social security card, dated 20 July 2017 has his name as X 	X	 
X 	.

   e.	A redacted example ABCMR, dated 17 December 2014, for a transgender 
applicant that requested a legal name change.  The Board granted full relief.

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

   a.	He enlisted in the Regular Army on 29 April 2013, under the name of X 	 
X 	X 	and identified himself as a female.

   b.	He was honorably retired on 4 June 2015. Block 1 of his DD Form 214 shows his 
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.	Reissuing the applicant's DD Form 214 for the period ending 4 June 2015 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.

12/3/2019

 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.

   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).

NOTHING FOLLOWS