ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 December 2019 DOCKET NUMBER: AR20180006494 APPLICANT REQUESTS: in effect, correction of DD Form 214 (Certificate of Release or Discharge) to reflect: * name change in accordance with court order from X____ to X___ * award of the Combat Action Badge (CAB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State County District Court order * Department of Veterans Affairs letter certifying gender change * Washington Driver License * Social Security Card * U.S. Department of Veterans Affairs Identification Card * DA Form 4187 (Personnel Action) approving the CAB FACTS: 1. The applicant states in effect, she is a transgender female which changed her name from X___ to X___ to align with her gender identity. The appearance of her former name on her DD Form 214 discloses her transgender status every time she provides her DD Form 214. She requests that her name on her DD Form 214 be changed in the interest of justice 2. The applicant provides: a. State of County District Court order dated 22 January 2018 that changed the applicant’s name from X___ to X___. b. Department of Veterans Affairs letter dated 21 February 2018, states that the physician of records certified that the applicant had appropriate clinical treatment for gender transition to female. c. Washington Driver License issued 25 January 2018 in the name of X___ shown to be female. d. Social Security Card issued 5 March 2018 in the name of X___. e. U.S. Department of Veterans Affairs identification card in the name of X___. f. DA Form 4187 that recommended award of the CAB to the applicant which was approved on 7 May 2008 by Major General (MG) X___. 3. A review of the applicant’s service records shows: a. She enlisted in the Regular Army on 1 March 2006 in the name X___. b. She conducted a Temporary Change of Station on or about 20 December 2007 to Iraq with Headquarters and Headquarters Company, 4th Brigade Special Troop Battalion, 4th Brigade, 10th Mountain Division from Fort Polk, LA in the name X___. c. Headquarters, Multi-National Division (Baghdad) Permanent Order 110-005 dated 19 April 2008, awarded the CAB to the applicant for actively engaging or being engaged by the enemy on 25 March 2008 in the name X___. d. She was released from active duty on 20 June 2009 with an honorable characterization of service and assigned to the United States Army Reserve (USAR) Control Group (Reinforcement). Her DD Form 214 shows that she completed 3 years, 3 months, and 20 days of active service in the name of X___. e. She was assigned from the USAR Control Group (Reinforcement) to the USAR Troop Program Unit (TPU) on 14 December 2010 in the name of X___. f. She was discharged from the USAR on 13 March 2013 with an honorable characterization of service in the name of X___. 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. 6. By regulation 600-8-22 (Military Awards), prescribes Army policies, criteria, and administrative instructions concerning individual military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and 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 related to the name change. Additionally, based upon the Multi-National Division (Baghdad) Permanent Order 110- 005 dated 19 April 2008, found in the applicant’s military service record, which shows the applicant was previously awarded the CAB and that award not currently reflected on the applicant’s DD Form 214, the Board concluded that requested relief was supported and warranted correction. 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. c. adding the Combat Action Bade to the applicant’s DD Form 214. 2/12/2020 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. 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. Paragraph 5-1 (When to prepare 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 (REFRAD), retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. b. Paragraph 5-6 (Rules for completing the DD Form 214), subparagraph a, block 1 (Name), 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. Paragraph 5-6r (4) (t), block 18 (Remarks), 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. 3. 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). 4. Army Regulation (AR) 600-8-22 (Military Awards), in effect at the time, prescribes Army policies, criteria, and administrative instructions concerning individual military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. Paragraph 8-8 Combat Action Badge, on 2 May 2005, the Chief of Staff, Army approved the creation of the Combat Action Badge (CAB) to provide special recognition to Soldiers who personally engaged or are engaged by the enemy. The requirements for award of the CAB are Branch and MOS immaterial. Assignment to a Combat Army unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award all Soldiers who serve in a combat zone or imminent danger area. Specific eligibility requirements: * may be awarded to any Soldier * Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized * Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactory in accordance with the prescribed rules of engagement * Soldier must be assigned or attached to a unit that would qualify the Soldier for the CIB/CMB * award of the CAB is authorized from 18 September 2001 to a date to be determined, award for qualifying service in any previous conflict is not authorized * only one CAB may be awarded during a qualifying period * may be awarded by any commander delegated authority by the Secretary of the Army during wartime or Human Resources Command * effective 3 June 2005, commander delegated authority to award the CAB may further delegate award authority to commanders in the grade of major general or above, the CAB will be announced in permanent orders NOTHING FOLLOWS