ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20180003619


APPLICANT REQUESTS:  correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 June 1973 to show her legal name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* court order, dated 28 August 2008
* Florida driver license
* Illinois driver license

FACTS:

1.  The applicant states:

* she is a transgender woman and legally changed her name to align her name with her gender identity
* the appearance of her old name on her DD Form 214 is an injustice because it discloses her transgender status leaving her vulnerable to social stigma and discrimination that transgender people face 

2.  The applicant provides:

* Final Decree for Change of name, dated 28 August 2008 that shows the Court approved a name change from "Xx__x, X__ X__" to "X__x, X___ X___" 
* Driver License from the states of Florida and Illinois reflecting her name as "X__x, X__ X__"  

3.  Review of the applicant's service record shows: 

	a.  The applicant enlisted in the Regular Army on 24 February 1970, using the name "X__x_x, X__ X___" and identifying herself as male. 

	b. She was honorably released from active duty on 23 February 1973.  Item 1 of the DD Form 214 for this period of service shows the name as recorded in the entrance documents.  

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  The ABCMR has, in the past, denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 reissuing her DD Form 214 (Certificate of Release or Discharge from Active Duty) 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).
   
   b.  No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name 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.

REFERENCES:
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).


ABCMR Record of Proceedings (cont)	 AR20180003619


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