ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170017496 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 1980, to show his legal name change APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Naturalization * Passport * Driver’s License * Medical Documents 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. The applicant states he changed his gender and name in 1999. 3. The applicant provides: a. His certificate of naturalization, dated 15 August 1995, his U.S. Passport 480504103, issued on 2 June 2011 and his Flordia driver’s license that shows his (Last Name, First Name, Middle Name) X____, X____ X____, and identified as male. b. His State of Florida Marriage record also shows he was married on 31 January 2000 and in item 1 (Last Name, First Name, Middle Name) states, X____, X____ X____ listed as the groom. c. His medical documents confirming he has undergone gender reassignment surgery from female to male, being anatomically male on 30 April 2014. 4. The applicant’s service record shows: a. He enlisted in the Regular Army on 6 November 1979. b. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted under the name in item 1 of (Last Name, First Name, Middle Name), En___, Gilda Fleitas. He signed all enlistment documents and his record contains numerous documents that shows this name. c. His DA Form 2-1 (Personnel Qualification Record) shows his (Last Name, First Name, Middle Name) X____, X____ X____. 5. He was honorably discharged on 30 July 1980. His DD Form 214 shows in item 1 (Last Name, First Name, Middle Name), X____, X____ X____, discharged under the provisions of AR 635-200, paragraph 13-4d, SPD JML, unsuitability – homosexuality. 6. The ABCMR has, in the past, denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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. 7. 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. 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. voiding his current DD Form 214 and issuing him a new DD Form 214, showing his name as shown on his U.S. Passport 480504103, issued on 2 June 2011. b. No entries should be made in block 18 of the reissued DD Form 214 listing his 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. 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). ABCMR Record of Proceedings (cont) AR20170017496 3 1