ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180009619 APPLICANT REQUESTS: in effect, correct his DD Form 214s (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) * United States of America Passport * Social Security Card * Tennessee Driver License * State of Tennessee Certificate of Live Birth * court for Court Order * Austin Peay State University Bachelor of Science Degree 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 214s is an injustice because it reveals his transgender status every time he provided 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 corrected DD Form 214s that reflect his current legal name. 3. The applicant provides: a. United States of America passport issued 3 January 2017 in the name X___. b. Social Security Card issued on 17 November 2016 in the name X___. c. Tennessee Driver License issued 5 June 2018 in the name EJM shown to be female. d. State of Tennessee Certificate of Live Birth issued 15 December 2016 in the name X___. e. Chancery Court for , court order dated, 17 November 2016 that adjudged the name change from X___ to X___. f. Austin Peay State University Bachelor of Science degree in the name X___. 4. A review of the applicant’s service records shows: a. He enlisted in the Army National Guard (ARNG) of the United States on 10 February 2007 in the name X___. b. His DD Form 220 (Active Duty Report) shows he was ordered to active duty to attend Basic Combat Training (BCT) on 22 May 2007 in the name X___. He was released from active duty on 3 August 2007 after successful completion of BCT. c. His DD Form 214 shows he was ordered to active duty for training on 12 August 2008. He was released from active duty on 10 October 2008 with an honorable characterization of service. His DD Form 214 shows that he completed 2 months and 19 days of active service in the name X___. d. His DD Form 214 shows he was ordered to active duty on 25 March 2010 in support of Operation Iraqi Freedom. He was released from active duty on 26 April 2011 with an honorable characterization of service. His DD Form 214 shows that he completed 1 year, 1 month, and 2 days of active service in the name X___. e. He was released from the ARNG on 9 February 2013 with an honorable characterization of service. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that he completed 6 years of service in the name X___. f. His records are void of any evidence of discharge from the service. 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