ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  11 April 2011

	DOCKET NUMBER:  AR20170019282


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)
*	North Carolina Driver License
*	State of North Carolina Order and Certificate of Name Change, dated 9 March 
2016
*	Certificate of Birth, State Department of Health Vital Records Section
*	social security card, dated 18 September 2017

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 R____ G. S_____ to R___ S__ S_____.  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.  The applicant's DD Form 214 for the period 14 August 1984 through 31 August 2004 
shows her name as R____ G. S_____ 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 copy of her birth certificate, which lists her gender as 
female, a copy of her driver's license listing her gender as male, and a copy of her 
social security card, which reflects her current legal name.

6.  She provides a Court order from the State of North Carolina, dated 9 March 2016, 
that shows her name was legally changed from R____ G. S_____ to R___ S__ S_____.  

7.  The DD Form 214 is a historical document that should reflect the record as it existed 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 the evidence is 
sufficient to grant relief.  The Board agreed due to the unique circumstances of 
transgender personnel, the evidence provided indicates the applicant’s name change 
should be reflected on the DD Form 214.

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 with the name in block 1 (Name (Last, 
First, Middle)) entered as it is shown on the applicant’s State of North Carolina – 
Petition to Change Name. 

     b.  No entries should be made in the 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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 (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 (Remarks) - 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)	AR20170019282
	
2

1