ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 December 2019 DOCKET NUMBER: AR20180008120 APPLICANT REQUESTS: in effect, correction to her DD Form 214 (Certificate of Release or Discharge) to reflect: * upgrade her general under honorable conditions discharge to an honorable * name change from X to X APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State Judicial District Court order * DD Form 214 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, requests that her DD form 214 be upgraded from general under honorable conditions discharge to an honorable. Also correct her DD Form 214 to reflect her current legal name of X___. She changed her name in Defense Enrollment Eligibility Reporting System (DEERS) and on all other documents and needs to update her DD Form 214. She wants to use benefits from the Veterans Administration as well as implants now that she has college. She has not been proud until now. 3. The applicant provides the court order from the State of Judicial District Court dated 8 February 2018 that changed her name from X___ to X___ and ordered the Vital Statistics Bureau of the state to reissue the birth certificate of reflect the name change. 4. A review of the applicant’s service records shows: a. She enlisted in the Army National Guard of the United States (ARNGUS) on 15 November 2007 in the name X___. b. Her DD Form 214 shows that she was ordered to active duty for training on 10 March 2008. She was released from active duty on 31 July 2008 with an honorable characterization of service. Her DD Form 214 shows that she completed 4 months and 21 days of active service in the name of X___. c. She was released from the ARNG on 29 June 2010 to enlist in the Regular Army (RA) with an honorable characterization of service. Her National Guard Bureau (NGB) Form 22 shows that she completed 2 years, 7 months, and 15 days of service in the name of X___. d. She enlisted in the RA on 30 June 2010 in the name of X___. e. The facts and circumstances surrounding her discharge from active duty are not available for the Board to review. f. She was discharged from active duty on 30 August 2011 with a general under honorable conditions character of service under provision of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations, chapter 14-12c (Misconduct, Serious Offense). Her DD Form 214 shows that she completed 1 year, 2 months, and 1 day of active service in the name of X___. 5. 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. 6. 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. 7. By regulation 635-200 (Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board found partial relief was warranted. Based upon a lack of evidence surrounding the misconduct or events leading to the applicant’s separation, the Board concluded that there was insufficient evidence to show that an error or injustice was present which would warrant a correction to the applicant’s characterization of service. However, 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 changing the name on the applicant’s DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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. 2. The Board also noted the administrative notes below from the analyst of record and recommended that change also be completed to more accurately reflect the military service of the applicant. 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization of her discharge. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct her DD Form 214 for the period ending 30 August 2011, by adding the following corrections: * item 12a (Date Entered AD This Period) - delete 2008 03 10 add 2010 06 30 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 4 – 15 November 2007 * DD Form 214 – 31 July 2008 * NGB Form 22 – 29 June 2010 * DD Form 4 - 30 June 21008 * DD Form 214 – 30 August 2011 3. Please correct the applicant’s DD Form 214 by correcting service shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable. Please ensure that the corrections are recorded in the applicant’s official military personnel record. 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) 635-200 (Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. Paragraph 14-12c, Soldier are subject to action for commission of a serious offense, commission of a serious military or civil offense, if the specific circumstances or the offense warrant separation and a punitive discharge is or would be authorized for the same or a closely related offense under the Uniform Code of Military Justice, absent without leave, desertion, or abuse of illegal drugs. A discharge under other than honorable conditions is normally appropriate. NOTHING FOLLOWS