ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20180003546 APPLICANT REQUESTS: his name on his DD Form 214 Certificate of Release or Discharge from Active Duty) to show his (Last, First. Middle) X__, X__ X. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * certification of court records name change order * birth certificate * letter certifying applicant’s gender change * driver’s license * social security card 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 he is a transgender man. He changed his legal name from (First, Middle, Last) X__, X__ X___ to X__, X__ X___ in 2003. The appearance of his old name on his DD Form 214 is an injustice because it reveals his transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. 3. The applicant provides: a. His DD Form 214 for the period 30 April 1991 to 10 November 1992. b. The Commonwealth of Kentucky certificate of court records name change order, dated 22 January 2003 shows his name was changed from X__, X__ X___ to X__, X__ X___. c. The certified record of birth from the Commonwealth of Kentucky showing the child’s [applicant] name as (First, Middle, Last) X__, X__ X___ date issued is 27 September 2010. d. His medical statement certifying his gender change from male to female, dated 6 February 2018. e. His driver’s license and social security card showing his name listed as (First, Middle, Last) X__, X__ X___. 4. A review of the applicant’s service record shows: a. Having had prior service the applicant enlisted in the Regular Army on 30 April 1991, his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows in block 1 NAME (Last, First, Middle) X__, X__ X___. He authenticated with his signature in section D (Certificate and Acceptance) block 13a on 4 April 1991. b. His DA Form 2A (Personnel Qualification Record, Part I) shows in Section I (Personal Data), item 1 (NAME) X__, X__ X___, item 5 (SEX/CODE: Female “F”. c. His DA Form 2-1 (Personnel Qualification Record, Part II) shows in Section I, (Identification Data), item 1 (NAME) listed as X__, X__ X___. d. He subsequently used the same name X__, X__ X___ and gender Female “F” throughout his service record as listed on his initial contract and his all military documents. e. He was honorably discharged, under the provisions of AR 635-40, paragraph 4-24B (3), physical disability with severance pay on 10 November 1992. His DD Form 214 shows in item 1 Name (Last, First, Middle) X__, X__ X___. 5. By Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. 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. Reissuing the applicant's DD Form 214 for the period ending 10 November 1992 with the name in item 1 (Name (Last, First, Middle)) entered as it is shown on the applicant's Final Order – Petition to Change 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. 12/2/2019 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. 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. By Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. NOTHING FOLLOWS