ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 December 2019 DOCKET NUMBER: AR20180001758 APPLICANT REQUESTS: in effect, correct her DD Form 214 (Certificate of Release or Discharge) to conform to the court ordered name change from X__ X__ X__ to X__ X__ X__. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * District Court of order for name change * DD Form 214 FACTS: 1. The applicant states in effect, she requests that her DD Form 214 be corrected to reflect the judicial court order to change her name from X__ X__ X__ to X__ X__ X__ due to transgender. She is a transgender woman and changed her name as shown in the court order. The appearance of her former name on the DD Form 214 is an injustice because it discloses her transgender status every time she is required to show her DD Form 214. This is an injustice due to the social stigma and discrimination that transgender persons face. This injustice can be remedied effectively by issuing a correct DD Form 214. 2. The applicant provides the District Court final order to change the name and sex/gender of an adult dated 20 October 2017. The court order directed the name change from X__ X__ X__ to X__ X__ X__ and gender and sex identifier from male to female. The Vital Statistics Unit was ordered that upon application the applicant’s birth certificate be amended to reflect the gender of female as well as all agencies and departments within the court’s jurisdiction to include but not limited to the Texas Department of Public Safety. 3. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 24 August 2010 as X__ X__ X__. b. She was discharged from active duty on 15 October 2013 with an honorable characterization of service. Her DD Form 214 shows she completed 3 years, 1 month and 22 days of net active service and her name is shown as X__ X__ X__. 4. The ABCMR has, in the past, denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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. 5. 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 her current DD Form 214 and issuing her a new DD Form 214, showing her name as shown on the court-ordered name change. b. No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating the DD Form 214 was administratively reissued. 2/5/2020 X CHAIRPERSON Signed by: 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. Title10, 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 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. Paragraph 5-1 (When to prepare the DD Form 214), 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 (REFRAD), retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. b. Paragraph 5-6 (Rules for completing the DD Form 214), subparagraph a, block 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. Paragraph 5-6r (4) (t), block 18 (Remarks), 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. 3. 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). NOTHING FOLLOWS