ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20170016193


APPLICANT REQUESTS:  correction of her records to show her legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Consular Report of Birth Abroad, dated March 7, 2017
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	State of Ohio Driver’s License
*	U.S Passport
*	Medical Letter’s

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.  Applicant states she is a transgender woman.  The appearance of her old name on 
her DD Form 214 is an injustice because it discloses her transgender status every time 
she shows it.

3.  A review of her service records shows:

	a.  She enlisted in the Regular Army on 10 November 2010.  The applicants DD 
Form 4/1 (Enlistment/Reenlistment document) shows her name as "X_____, X. X. III, in 
item 1.
	b.   She was honorably discharged on 14 September 2011 and her discharge 
orders and her DD Form 214 shows her name as "X_____, X. X. III".

	c.  The applicant's military record is void of any documents recording her current 
legal name.  

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4.  The applicant provided:

	a  A DD Form 214, for the period ending 14 September 2011, shows her name as 
X_____, X. X. III.

	b.  A United States passport, 6 December 2016, shows her name as X_____, X. X.

	c.  A Ohio state driver’s license, dated 6 December 2016, shows her name as 
X______, X. X.

	d.  A Consular Report of Birth, dated 7 March 2017, shows her name as 
X_____, X. X.

	e.  A statement from her physician’s, dated 24 December 2016 and 7 March 2017, 
stating she has successfully undergone appropriate treatment for gender dysphoria and 
is receiving sex reassignment hormonal therapy.

5.  By regulation 635-5 (Separation Documents) in effect at the time of the applicant 
separation nor Army Regulation 635-8 (Separation Processing and Documents), 
currently in effect, provide for entering gender markers on the DD Form 214.  

6.  The DD Form 214 is a historical document that should reflect the record as it existed 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.  A post-service name change does not 
retroactively create an error on the DD Form 214.  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.

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.  

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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 14 September 2011 
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 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.  Item 1 (Item 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).

   c.  Item 18 (Item Name) - 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.  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, at the direction of the ABCMR or in other instances 
when appropriate, 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)	 AR20170016193

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