ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 February 2020

	DOCKET NUMBER:  AR20170017120


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Decree for Change of Name

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, in effect, she is a transgender woman who changed her legal 
name from to Her  DD Form 214 records her old name and discloses her transgender 
identity, which places her at a disadvantage.  This is an injustice because transgender 
people face social stigma and discrimination.  Issuing a corrected DD Form 214 listing 
her current name will effectively remedy this injustice.

3.  Her DD Form 214 shows her name as in    item 1 Name (Last, First, Middle).

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

5.  The applicant provides a Judgment Entry – Decree for Change of Name from the  
Court of, dated 18 April 2017, that shows her name was legally changed to 

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  The DD Form 214 is a historical document that should reflect the record as it existed 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 military service.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.   The Board considered the applicant’s statement, her record of 
service, the name as it appears in the records and the entries on the DD Form 214.  
The board considered the court-ordered name change and the unique circumstances of 
transgender individuals who may experience delayed or denied benefits when required 
to present proof of military service.  Based on a preponderance of evidence, the Board 
determined that a correction was required to prevent the potential for a future injustice.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.





























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 changing the DD Form 
214, item 1 (Name) for the period of service ending 5 October 1990 to reflect the 
applicant’s name as it appears in the 18 April 2017 Judgment Entry – Decree for 
Change of Name and make no annotation in item 18 (Remarks) concerning the 
administrative issue/reissue of this DD Form 214.
 


	  
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.  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)	 AR20170017120

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