ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 October 2019 DOCKET NUMBER: AR20180008859 APPLICANT REQUESTS: Change name on DD Form 214 (Certificate of Release or Discharge from Active Duty), from Xxxxx, Xxxxxx Xxxxxx to Xxxxx, Xxxxxxx Xxxxxx. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of Passport with new name Xxxxx, Xxxxxxx Xxxxxx * Copy of California Driver’s license not legible * Superior Court Of X____ County of X___ X____ approving the applicant name change from Xxxx, Xxxxxx Xxxxxx to Xxxxx, Xxxxxxx Xxxxxx and gender from male to female * Doctor’s Statement 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, disclosure of her former name, in effect, discloses her transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. Her current DD 214 record with her prior name reveals her transgender status every time she shows the form. This injustice can be remedied effectively by issuing a corrected DD 214 listing her new name. 3. The applicant provides: a. Copy of her passport with new name Xxxxx, Xxxxxxx Xxxxxx. b. Copy of Driver’s license not legible. c. Superior Court Of dated 31 October 2016 approving the applicant’s name change from Xxxxx ,Xxxxxx Xxxxxx to Xxxxx, Xxxxxxx Xxxxxx and changing her gender from male to female. d. Doctor Xxxxx X. Xxxx states in effect he is the physician for Xxxxxx Xxxxx. She has had appropriate clinical treatment for gender transition to the new gender of female. He declares under penalty of perjury under the laws of the United States that the foregoing is true and correct. 4. A review of the applicants’ service record shows: a. She enlisted in the Regular Army (RA) on XX August 19XX under the name Xxxxx, Xxxxxx Xxxxxx and identified herself as a male. b. DA Form 2-1 item 1 (Section Identification Data, Name) reflects name Xxxxx, Xxxxxx Rxxxxx. c. DA Form 873 (Certificate of Clearance and/or Security Determination) dated XX September XXXX reflects Last name Xxxxx, first name Xxxxxx, and middle name Xxxxxxx. d. She was honorably discharged from the RA on 26 May 1993. Item 1 (Name (Last, First, Middle) of her DD Form 214 shows her full name listed as " Xxxxx Xxxxxx." She signed this form using this name. 5. 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 XX February XXXX 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 review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and official documentation were carefully considered. With the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record. 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. Reissuing the applicant's DD Form 214 for the period ending 26 May 1993 with the name in item 1 (Name (Last, First, Middle)) entered as it is shown on the applicant's Decree Changing Name and Gender. b. No entries should be made in item 30 (Remarks) of the reissued DD Form 214, either listing the applicant's previous name or indicating 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. 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). e. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008859 4 1