ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 October 2019 DOCKET NUMBER: AR20180002535 APPLICANT REQUESTS: correction of DD Form 214 (Report of Separation from Active Duty) to show her legal name change on all military records from “X__ X__X__ to X__ X__X__” (the first name from X___ to X___ and the middle from X___ to X___ with the last name to remain X___ and to change her gender from M (Male) to F (Female). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Court Order, dated 17 August 2016 * U.S Passport 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 that she would like her name changed from “X__ X__X__” to “X__ X__X__” and her gender from M to F on all of her military records as evidenced by her new U.S Passport issues on 28 December 2016. She further states that subsequent to her honorable discharge from Active Duty her name has been legally changed, in addition to her gender which is now F. 3. The applicant provides a copy of her DD Form 214 which shows in item 1 (Last Name, First Name, Middle Name) X__ X__X__ and Item 2 (Sex) as M. A court order dated 17 August 2016, that shows a legal name change from X__ X__X__ to X__ X__X__. Her U.S passport shows the surname of X___, given name of X___ X___ and sex as F. 4. A review of the applicant’s service record shows the following: a. She enlisted in the Regular Army on 26 November 1971. Her DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle) her last name as X___, her first name as X___, and her middle name as Pa_k. b. DA Form 20 (Enlisted Qualification Record) shows in item1 (Last Name, First Name, Middle), her last name as X___, her first name as X___, and her middle name as X___. c. Special Orders Number 322 shows her last name as her last name as X___, her first name as Je_e, and her middle name as X___. d. She was honorably released to the U.S Army Reserve on 18 November 1974. Her DD Form 214 shows in item 1 her last name as Ca_y, her first name as Je_e, her middle name as X___. and Item 2 (Sex) M. e. Orders 09-1115386, dated 28 September 1977, shows the name her last name as X___, her first name as Je_e, and her middle name as Pa_k. f. A court order dated 17 August 2016, that shows a legal name change from X__ X__X__ to X__ X__X__. g. Her U.S passport shows the surname of X___, given name of X___ X___ and sex as F. 5. In the past, the ABCMR has 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 was created. The underlying reasoning has been that a post- service name change does not retroactively create an error on the DD Form 214. This is still true; 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. 6. 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. 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. 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). 7. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for the period of service ending 9 September 2007 with the name shown on the certificate of change of name. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. 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 his 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. It states: 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). e. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 9 September 2007 with the name shown on his court order. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180002535 4 1