ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR2018003910


APPLICANT REQUESTS:  correction to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his legal name change

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Court Approved Name Change
*	US Passport
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 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.  He is a transgender man.  He changed his legal name from (Name (Last, First, 
Middle) X__ X__ X__ to X__ X__ X__ in 2011, as evidenced in the attached name 
change order, to align his name with his gender identity.
   
   b.  Disclosure of his former name, in effect, shows his transgender status.  This is an 
injustice, due to the social stigma and discrimination that transgender people face his 
current DD Form 214 with his prior name reveals his transgender status every time he 
shows the form.  This injustice can be remedied effectively by issuing a correct DD 
Form 214 listing his current legal name of X__ X__ X__.
   
3.  The applicant provides:

   a.  A court order granting his change of name, dated 14 March2001.  It shows the 
applicant’s full name from X__ X__ X__ to X__ X__ X__.
   b.  A copy of his United States Passport and Georgia Driver’s License, which list his 
name as X__ X__ X__.
   
   c.  A copy of his DD Form 214 which shows his name as X__ X__ X__.

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

   a.  He enlisted in the Regular Army on 19 June 1990, under the name of X__ X__ 
X__. and identified himself as a female.

   b.  He was discharged on 18 June 1994.  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Form 214 is a historical document that should reflect the record as it existed at the time 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.

6.  The applicant's unique circumstances as a transgender individual warrant further 
consideration, because denying him request could prevent or delay receipt of benefits 
for which he must provide a DD Form 214 as proof of military service.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions and official documentation were 
carefully considered.  With the circumstances discussed in this case, the Board agreed 
it is equitable to reflect the name change in the official record.

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 18 June 1994 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.

	  
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 Army Board for Correction of Military Records 
(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)	 AR20180003910

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