ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20180011996 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her legal name change on all military records from “A_, M_, H_”, to “A_, M_, H_,” (the first name from A_, to A_, and the middle from M_, to M_,and to change her gender from M (Male) to F (Female). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Court order dated, 18 June 2014 * Army Commendation Medal (ARCOM), for the period 27 May 2014to 3 June 2018 * DA Form 638 (Recommendation for Award), for the period 27 May to 3 June 2018 FACTS: 1. The applicant states that she would like all mentions of her name to be changed from “A_, M_H_” to “A_ M H_ (the first name from A_to A_ and the middle from Mc_y to Mc_e. She would also like her gender to be changed from M to F. She is transgender and she has changed her name from “A_ M_ H_” to “A_ M_ H_” and would like her records to reflect the change so as to not face discrimination when showing her DD Form 214. She also states that her ARCOM, for the period 27 May 2014 to 3 June 2018 is not on her DD Form 214. The award also shows the name A_ M_ H_. 2. The applicant provides a copy of her Court Order, dated 18 June 2014, that shows her name change from “A_, M_ H_” to “A_, M_ H_” (the first name from A_ to A_ and the middle from M_ to M_ with the last name remaining the same. It also shows her gender change from M to F. Her DD Form 638 shows an award of the ARCOM for the period 27 May 2014 to 3 June 2018 and it shows the name A_ M_, H_. ? 3. A review of the applicant’s service record shows the following: a. She enlisted in the Regular Army (RA) on 4 June 2012. Block 1 (Last Name, First Name, and Middle) shows H_, A_, M_. b. She enlisted Record Brief, dated 4 June 2018, shows in block 1 (Name) A_ M_ ,H_. c. She was released from active duty on 3 June 2018 with an honorable character of service. Her DD Form 214 shows in block 1 (Name Last First Middle) H_, A_, M_. She completed 6 years of active duty service. d. Orders D-07-918436, dated 30 July 2019, discharges the applicant from the U.S Army Reserve with an honorable character of service effective 30 July 2019. The orders show the name H_, A_, M_. 4. In the past, the ABCMR has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form was created.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. 5. 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. 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). 6. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214 for the period of service ending 9 September 2007 with the name shown on the certificate of change of name. 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 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: 1. 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 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. Prior to closing the case, the Board also noted a review of the applicant’s service records shows she is entitled to awards not listed on her DD Form 214. As a result, amend her DD Form 214 to show the following awards by: adding the Army Commendation Medal (ARCOM), permanent orders 037-002, dated 6 February 2018. 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. 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 9 September 2007 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) AR20180011996 2 1