ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20170019772 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) * DD Form 214 * Order for Name Change, issued by The 19th Judicial District Court Parish on 19 August 2015 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 female who changed her legal name from "X_____ X___________ X__-X______" to "X____ X____ X’X_____." 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 30 June 2009 through 29 June 2013 show her name as "X___X______, X____ X_______" in item 1. 4. The applicant's enlisted record brief records her gender marker as male. 5. The applicant's military record is void of any documents recording her current legal name. 6. On 19 August 2015, the 19th Judicial District Court ordered the applicant's legal name change to "X____ X_____ X_____." 7. The applicant provided an email dated 19 April 2019, wherein she confirms she is requesting a transgender name change. 8. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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: The Board reviewed the applicant’s statement and all supporting document. The Board also considered the unique circumstances of transgender individuals where the appearance of the applicant’s name used in service could result in denial or delayed receipt of benefits. After reviewing the application and all supporting documents, the Board found the relief warranted. 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 June 2013 with the following amendments: a. the applicant's legal name, as recorded on the court ordered name change document, will be entered in item 1 (Name (Last, First, Middle)), and b. no entries will be made in item 18 (Remarks) of the reissued DD Form 214 that lists a previous name or gender marker or that indicates 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, 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). ABCMR Record of Proceedings (cont) AR20170019772 3 1