ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 December 2019 DOCKET NUMBER: AR20180006900 APPLICANT REQUESTS: in effect, correct her DD Form 214 (Certificate of Release or Discharge) to reflect her name change from X to X in accordance with the court order. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * County Circuit Court order * Department of Veterans Affairs letter for medical verification * Social Security Card * Florida Driver License FACTS: 1. The applicant states in effect, request the correction of her DD Form 214 to reflect her legal name change from X to X . She is a transgender female who legally changed her name from X to X__ in 2018 to reflect the way that she lives. The appearance of her former name on her DD Form 214 is an injustice because it forces the disclosure of her transgender status every time she provides her DD Form 214 to apply for work or benefits that she may be entitled to within her state. It also causes undue confusion on the recipient’s part. This is an injustice due to the social stigma and discrimination that transgender persons face. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current legal name. 2. The applicant provides: a. County Circuit Court order dated 6 March 2018, that changed the applicant’s name from X to X___. b. Department of Veterans Affairs letter dated 20 March 2018 from Doctor X___, who stated that the applicant had appropriate clinical treatment for gender transition to the female gender. c. Social Security Card issued on 8 March 2018 in the name of X . d. Florida Driver License issued on 29 March 2018 in the name of X shown to be female. 3. A review of the applicant’s service record shows: a. She enlisted in the Regular Army (RA) on 9 September 2008 in the name of X___ Jr. b. She reenlisted in the RA on 8 November 2010 in the name of X___. c. She extended her enlistment on 17 August 2011 for 6 months in the name of X___. d. She was released from active duty on 29 July 2015 with an honorable characterization of service and assigned to the United States Army Reserve (USAR) Troop Program Unit (TPU). Her DD Form 214 shows that she completed 6 years, 7 months, and 29 days of active service in the name of X___. e. She was discharged from the USAR on 21 September 2016 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. 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. voiding his current DD Form 214 and issuing him a new DD Form 214, showing his 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 his previous name or indicating the DD Form 214 was administratively reissued. 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. 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. 2. 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