ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20170019293


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 20 July 1990 to show her current legal name, gender identity, and correct date of birth (DOB). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Decree of Change of Name, issued by The State , 1st Judicial District Court, on 
* State of  – Certificate of Live Birth, date issued 25 February 2014

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 to align with her gender identity.  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.  She also states her DOB is incorrect and should be changed from "XX XXXX XXXX" to X XXXXX XXXX." 

3.  The applicant's DOB will be administratively corrected; the Board will not consider this portion of her application.

4.  The applicant enlisted in the Regular Army on 14 July 1987.  Her DD Form 4 (Enlistment Reenlistment Document-Armed Forces of the United States) shows her name as "Xxxxxxxx, XXXXX XXXX"  

5.  The applicant was honorably discharged on 20 July 1990.  Item 1 (Last Name – First Name – Middle Name) of her DD Form 214 shows her name as "Xxxxxxxx, XXXXX XXXXX."  This form does not contain a block item for the entry of gender markers.  

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

7.  On 2009, The State , 1st Judicial District Court ordered the applicant's legal name changed to "XXXXX XXX."

8.  The applicant provides a copy of her birth certificate that lists her DOB as 
"X XXXXX XXXX." 

9.  Army Regulation 635-5 (Separation Documents) in effect at the time of the applicant separation nor Army Regulation 635-8 (Separation Processing and Documents), currently in effect, provide for entering gender markers on the DD Form 214.  

10.  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 applicant’s contentions and official documentation were carefully considered.  With the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record.

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 for the period ending 20 July 1990 with the name in item 1 (Name (Last, First, Middle)) entered as it is shown on the applicant's Decree of Change of 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.


	 
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):  

The applicant's record contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 October 1987 that shows her DOB as X XXXXX XXXX.  Correct item 5 of the applicant's DD Form 214 to show her DOB as X XXXXX XXXX.

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 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 item 18 (Remarks).

     c.  For 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)	 AR20170019293
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