ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20170017495 APPLICANT REQUESTS: correction of his DD Form 214s (Certificate of Release or Discharge from Active Duty), for periods ending 6 June 2003, 22 March 2005, 15 August 2007, 7 February 2011, and 9 June 2012, block 1 (Last, First, Middle) to change his name from X__ X__ X__ to his current legal name X__ X__ X__ (his name is transposed). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * five DD Form 214 * court order * driver’s license * social security card * passport 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 is a transgender woman. She changed her legal name to align her name with her gender identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she shows her DD Form 214. This is an injustice due to the social stigma and discrimination that transgender people face. This injustice that can be remedied effectively by issuing a corrected DD Form 214s listing his current name. 3. The applicant provides: a. On 22 February 2017, the state of district court granted and ordered the applicant’s legal name to be change from X__ X__ X__ to X__ X__ X__. b. Her driver’s license, issued in February 2017, has her name as X__ X__ X__. c. Her social security card, dated 24 February 2017 has her name as X__ X__ X__. d. Her passport, dated 7 March 2017 has her name as X__ X__ X__. 4. A review of the applicant’s service record shows: a. Having had prior service in the Army National Guard (ARNG) as an enlisted Soldier, she was appointed as a 2nd lieutenant and executed an oath of office on 12 June 2004 in the ARNG. Her DD Form 71 (Oath of Office – Military Personnel), dated 12 June 2004 shows her name as X__ X__ X__. She signed her oath of office on 12 June 2004 using the name X__ X__ X__. b. All five of her DD Form 214s honorably released her from active duty for completing her required active service. Block 1 of her five DD Form 214s shows her name as X__, X__ X__. c. On 1 January 2016, she resigned from the ARNG under the provisions of paragraph 5a (3), NG Regulation 635-100 (Termination of Appointment and Withdrawal of Federal Recognition). 5. By regulation (AR 635-5), 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. 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). a. 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. b. The applicant's unique circumstances as a transgender individual warrant further consideration, because denying her request could prevent or delay receipt of benefits for which she must provide a DD Form 214 as proof of military service. c. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 26 February 2003 with the name shown on his court order. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. 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 :AM :BS :FC 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 her current DD Form 214 and issuing her a new DD Form 214, showing her 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 her previous name or indicating the DD Form 214 was administratively reissued. 12/4/2019 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. It states: 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