ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20180002071


APPLICANT REQUESTS:  correction of block 1 of her DD Form 214(Certificate of Release or Discharge from Active Duty to reflect her current legal name 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* Driver’s License
* Social Security Card
* Court Order for Name Change
* Certificate of Live Birth
* Surgeon’s 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 (ABCMR) 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:

	a.  She is a transgender woman.  She changed her name from X__ X__ X__ to X__ X__ X__ on 2012, as evidenced in the attached name change order, to align her name with her gender identity.

	b.  The appearance of her old name on her DD Form 214 (Certificate of Release or Discharge from Active Duty) is an injustice because it discloses her transgender status every time she shows her DD Form 214.  This is an injustice, due to social stigma and discrimination that transgender people face.  This injustice can be remedied effectively by issuing a corrected DD Form 214 that list her legal name.

3.  The applicant provides:

	a.  DD Form 214, which shows in item 1 the name “X__ X__ X__ “for the period ending 6 March 1984.

	b.  Driver’s License, which shows her name as “X__ X__ X__“.

	c.  Social Security Card, which shows her name as “X__ X__ X__“.

	d.  An order granting her change of name, dated 19 March 2012.  It shows the applicant’s full name from “X__ X__ X__ to X__ X__ X__“.

	e.  Certificate of Live Birth, which shows her name as “X__ X__ X__ “.

	f.  Statement from the surgeon, dated 6 December 2017, stating the applicant has undergone a surgical procedure to irreversibly correct her anatomy and appearance from male to female on 25 Mary 2017.

4.  A review of the applicant’s service record shows:

	a.  The applicant enlisted in the US Army Reserve (USAR) on 23 July 1983, under the name “X__ X__ X__ “ and identified himself as a male.

	b.  The applicant was discharged on 6 March 1984.  Item 1 of the DD Form 214 shows the applicant’s name as “X__ X__ X__“.

5.  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.
 
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.
	 
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.  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 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 block 1, 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.  For block 18, 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.
   
    d.  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

ABCMR Record of Proceedings (cont)	 AR20180002071


4


1