ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  4 March 2019

	DOCKET NUMBER:  AR20170017730


APPLICANT REQUESTS:  correction of her DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show her current legal name and gender.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Birth
*	Amended Order for Individual Adult Change of Name
*	a letter

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, in effect, she is a transgender woman who changed her legal 
name from "X_______ X. X____, II" to "X______ X_____ X____" to reflect her new 
gender identity.  

3.  Her DD Form 214 shows her name as "X_______ X. X____, II" in item 1 (Name).  
The applicant's DD Form 214 did not record her gender because DD Forms 214 issued 
at the time of the applicant's service did not provide for the entry of gender markers.  

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

5.  The applicant provides a court order from the Supreme Court of the State  that shows her name was legally changed to 
"X______ X_____ X____."

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  The DD Form 214 is a historical document that should reflect the record as it existed 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

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The Board agreed the court order from the Supreme Court of 
the State of New York, County of Erie substantiates the applicant’s request.



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 (Armed Forces of the United States 
Report of Transfer or Discharge) for the period ending 5 October 1973 with the name in 
item 1 (Last Name, First Name, Middle Name )) 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.


	 					___________X________________
						Chairperson

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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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).


ABCMR Record of Proceedings (cont)	 AR20170017730

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