ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 September 2019

	DOCKET NUMBER:  AR20180007774


APPLICANT REQUESTS: The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show her name as "Jennifer X__ X__ X__" instead of "X___ X__ X___."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter Certifying Gender Change
* Reissued Certificate of Birth
* State Driver License
* Department of Veterans Affairs (VA) card
* Judgment Entry - Change of Name of Adult
* Social security card

FACTS:

1.  The applicant states she is a transgender woman.  She changed her name and gender in 2014, as evidenced in the attached name change order, to align her name with her gender identity.  The appearance of her old name on her DD Form 214 is an injustice because it discloses her transgender status every time she shows her DD Form 214.  This is an injustice due to the social stigma and discrimination that transgender people face.  This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current legal name. 

2.  The applicant provides: 

* Letter, dated 10 may 2018, from a physician certifying the applicant's gender change from male to female
* Reissued Certification of Birth, dated 11 June 2014, reflecting the new name "X__ X__ X__"
* VA Card, Driver Licenser, and Social Security Card reflecting the new name "X__ X__ X__"
* State court Judgment Entry -0 Change of name of Adult, dated 5 May 2014, approving the applicant's name change 
3.  Review of the applicant's service records shows: 

	a.  The applicant enlisted in the Regular Army on 26 May 1988 under the name of "X____ X__ X__."  Her record contains numerous documents that all show her name as "X____ X__ X__."  

	b.  She was discharged from active duty on 14 August 1992 due to physical disability.  Item 1 (Name (Last, First, Middle)) of her DD Form 214 shows her full name listed as "X___ X___ X__."  She signed this form using this name.

4.  By regulation (AR 635-5), 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.  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).

	a.  In the past the ABCMR has 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.  This is still true; 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.

	b.  Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 26 February 2003 with the name shown on his court order.  No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued.  Doing so would undermine the purpose of granting relief by drawing attention to his previous gender.

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 that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 14 August 1992 with the name in block 1 entered as the name shown on the applicant’s reissued Certification of Birth.  No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating that the DD Forms 214 were 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.

REFERENCE:

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.  It states:

	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)	 AR20180007774


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