ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180009449 APPLICANT REQUESTS: in effect, correct his DD Form 214 (Certificate of Release or Discharge) to reflect his legal name change from X___ to X___. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Social Security Card * Kansas Driver’s License * United States of America Passport * District Court Court Order * Aesthetic Enhancement Cosmetic and Laser Center Letter 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, he is a transgender male whom changed his name from X___ to X___ to align with his gender identity. The appearance of his former name on his DD Form 214 is an injustice because it discloses his transgender status every time his provides his 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 to reflect his legal name. 3. The applicant provides: a. Social Security Card issued on 6 July 2007 in the name X___. b. Kansas Driver’s License issued on 8 March 2013 in the name X___ shown to be male. c. United States of America Passport issued on 4 May 2017 in the name X___ shown to be male. d. District Court for court order dated 29 June 2007 that granted the name change from X___ to X___ and gender from female to male. e. Letter from Aesthetic Enhancement Cosmetic and Laser Center dated 28 March 2017, which states he completed surgical reconstruction. 4. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserve (USAR) on 3 March 1988 in the name CAW . b. His DD Form 214 shows that he was ordered to active duty for training on 16 August 1988. He was released from active duty on 13 January 1989 with an honorable characterization of service. His DD Form 214 shows that he completed 4 months and 28 days of active service in the name CAW . c. He was assigned from the USAR Troop Program Unit (TPU) to the USAR Control Group (Annual Training) on 29 August 1991 in the name X___. d. His service records are void of any evidence of a name change from CAW to X___. e. He was assigned from the USAR Control Group (Annual Training) to the USAR TPU on 20 July 1992 in the name X___. f. He was assigned from the USAR TPU to USAR Control Group (Annual Training) on 2 March 1993 in the name X___. g. His service records are void of an evidence of discharge from the USAR. 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. 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. 3/11/2020 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. 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). NOTHING FOLLOWS