ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 October 2019

	DOCKET NUMBER:  AR20180007211


APPLICANT REQUESTS:  correction of her DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 11 June 1971 to show her 
current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	a self-authored statement
*	Final Judgment for Change of Name (Adult)
*	a letter
*	3 forms of identification

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, in effect, she is a transgender person who changed her legal 
name from to  Her DD Form 214 records her old name and discloses her transgender 
identity, which places her at a disadvantage.  This is an injustice because transgender 
people face social stigma and discrimination.  Issuing a corrected DD Form 214 listing 
her current name will effectively remedy this injustice.

3.  Her DD Form 214 shows her name as n item 1 (Last Name – First Name – Middle 
Name).

4.  The applicant's military record is void of any documents recording her current legal 
name.  

5.  The applicant provides a Final Order for Change of Name (Adult), from the Eleventh 
Judicial Circuit in and for , dated 21 June 2017 that shows 
her name was legally changed to 

6.  The applicant provided a letter from the Reed Centre for Ambulatory Urological 
Surgery, dated 21 June 2017, which states the applicant’s doctor performed the 
applicant’s successful nonreversible gender reassignment surgery from male to female.

7.  The DD Form 214 is a historical document that should reflect the record as it existed 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.  A post-service name change does not 
retroactively create an error on the DD Form 214.  However, the unique circumstances 
of transgender individuals may prevent or delay receipt of benefits for which these 
individuals must provide a DD Form 214 as proof of military service.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence is 
sufficient to grant relief.  The Board agreed due to the unique circumstances of 
transgender personnel, the evidence provided indicates the applicant’s name change 
should be reflected on the DD Form 214.


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 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), and

     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:

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.  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.  Item 1 (item 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.  Item 18 (Item Name) - 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.  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, at the direction of the ABCMR or in other 
instances when appropriate, 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)	 AR20180007211

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