ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 5 December 2019 
DOCKET NUMBER: AR20180006571

APPLICANT REQUESTS: correction of her NGB Form 22 (National Guard Report of 
Separation and Record of Service) to show her legal name change

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Court Order for Name Change
   *	NGB Form 22 
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:

   a.	She is a transgender woman. She changed her name legally from (First, Middle, 
Last) X__ X__ X__ to X__ X__ X__ in 2016, as evidenced in the attached name 
change order, to align her name with her gender identity. The appearance of her old 
name on the NGB Form 22 is an injustice because it reveals her transgender status 
every time she shows her NGB Form 22.

   b.	The appearance of her old name on her NGB Form 22 is an injustice because it 
discloses her transgender status every time she shows her NGB Form 22. This 
injustice is due to social stigma and discrimination that transgender people face. This 
injustice can be remedied effectively by issu9iing a corrected NBG Form 22 listing her 
current legal name X__ X__ X__.

3.	The applicant provides a court order granting her name change, dated 7 November 
2016.  It shows the applicant’s full name from “X__ X__ X__ to X__ X__ X__ “.



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

   a.	The applicant enlisted in the Army National Guard on 14 October 2010, under the 
name of “X__ X__ X__ “ and identified herself as a male.

   b.	The applicant was discharged on 3 May 2012. Item 1 of the NGB Form 22 shows 
the applicant’s name as “X__ X__ X__.“

5.	The ABCMR has, in the past, denied similar applications on the basis that the NGB 
Form 22 is a historical document that should reflect the record as it existed at the time 
the NGB Form 22 was created. The underlying reasoning has been that a post-service 
name change does not retroactively create an error on the NGB Form 22.

6.	The applicant's unique circumstances as a transgender individual warrant further 
consideration, because denying his request could prevent or delay receipt of benefits for 
which he must provide a NGB Form 22 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 NGB Form 22 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 her current NGB Form 22 and issuing her a new NGB Form 22, 
showing her name as shown on the court-ordered name change.

   b.	No entries should be made in block 18 of the reissued NGB Form 22 listing 
her previous name or indicating the NGB Form 22 was administratively reissued.
    Expired certificate
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.	National Guard Regulation (AR) 600-200 (Enlisted Personnel Management), Table 
F-1, currently in effect, prescribes the transition processing function of the military 
personnel system, including preparation of the NGB Form 22.

   a.	The NGB Form 22 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, Self-explanatory – from DA Form 2-1 item 1.




   c.	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 NGB Form 22. Once a NGB Form 22 has been issued, it will not be reissued 
except under specified circumstances including when it is determined that the original 
NGB Form 22 cannot be properly corrected by issuance of a NGB Form 22A 
(Correction to NGB Form 22).


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