ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20180011668 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her current legal name as "J.L.M." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order for Name Change, issued by the * Marriage Certificate, the , dated 5 June 2007 * Photocopies of her Social Security Card and Operator License * A Physician Letter from ., dated 6 March 2019 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 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, she is a transgender female who changed her legal name from "A.L.T. III" to "J.L.T." Subsequently, she got married and changed her name to "J.L.M." Her DD Form 214 records her old name and discloses her transgender identity, which places her at a disadvantage. This is an injustice because transgender people face social stigma and discrimination. Issuing a corrected DD Form 214 listing her current name will effectively remedy this injustice. 3. The applicant enlisted in the Regular Army on 14 September 1999. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her name as "T, A.L. III." 4. The applicant was honorably released from active duty on 20 December 2003. Item 1 (Name (Last, First, Middle)) of her DD Form 214 shows her name as "T, A.L. III." She was subsequently issued a DD Form 215 (Correction to DD Form 214) that lists her name as "T, A.L. III." 5. The applicant's military record is void of any documents recording her current legal name. 6. On 22 April 2005, the State of Wisconsin Circuit Court ordered the applicant's legal name change to "J.L.T." 7. The applicant subsequently was married on 5 June 2007 in the State of Indiana. She provides a photocopy of her Indiana Operator License and Social Security Card showing the spelling of her last name as "M;" the last name of her spouse as listed on marriage certificate. 8. The applicant provides a letter from her doctor, dated 6 March 2019, which confirms that she began her transition from male to female in March 2005 and has achieved her transition fully as a female. It further shows her name as "J.M." 9. The applicant subsequently submitted an application for award of the Combat Action Badge (CAB) and National Defense Service Medal. These Record of Proceedings will only address the National Defense Service Medal through an administrative correction as it does not require Board action. The portion of her request pertaining to the CAB will be addressed through her subsequent application. 10. 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. A post-service name change does not retroactively create an error on the DD Form 214. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s name during service, the reason for her name change, the unique circumstances transgender individuals may face and the potential denial of benefits. The Board determined that to prevent a potential injustice, the requested correction is appropriate. The Board also concurred with the corrections records in the Adminstrative Note(s) portion of this document (below). 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: In addition to the administrative corrections found below, 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) with the following amendments: a. The applicant's legal name, as recorded on her Indiana Operator License and Social Security Card, will be entered in item 1 (Name), and b. No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name or that indicates the DD Form 214 was administratively reissued. 7/10/2019 X CHAIRPERSON 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. The applicant honorably served a qualifying period of service for entitlement of the National Defense Service Medal from 14 September 1999 through 20 December 2003. This is sufficient to make the following administrative correction to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 by adding the "National Defense Service Medal." 2. The applicant was issued a DD Form 215 on 31 January 2019 that authorized her the following decorations, which need to be incorporated into her new DD Form 214 should the Board recommend relief. * Kosovo Campaign Medal with one bronze service star * Iraq Campaign Medal with one bronze service star * Global War on Terrorism Service Medal 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 Army Board for Correction of Military Records (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. 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 Item 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 item 18 (Remarks). c. For Item 18 (Remarks), 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. 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, at the direction of the ABCMR or in other instances when appropriate, 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).