ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170015596


APPLICANT REQUESTS:  correction of block 1 on her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to reflect her current legal name

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

  *	DD Form 149 (Application for Correction of Military Record)
  *	Social Security Card
  *	Driver’s License

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 she would like her name changed from X___ X___ X___on 
her DD Form 214 to reflect her legally changed name of X___ X___ X___.

3.  The applicant provides:

     a.  A copy of her social security card showing her name as “ X___ X___ X___.”

     b.  A copy of her Illinois Driver’s License showing her name as “X___ X___ X___.”

     c.  An order granting her change of name, dated 21 July 2016.  It shows the 
applicant’s full name change from “X___ X___ X___” to “X___ X___ X___.”

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

     a.  The applicant enlisted in the Army National Guard (ARNG) on 8 June 1989, under 
the contested name.

     b.  The applicant was discharged on 17 August 1990.  Item 1 of the DD Form 214 
shows her 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Form 214 is a historical document that should reflect the record as it existed at the time 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.

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 17 August 1990 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.

	  
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//

ABCMR Record of Proceedings (cont)	 AR20170015596

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