ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180012241


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her current legal name.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Passport
*	Driver’s License
*	Court Order
*	Physician 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 she is a transgender woman.  She legally changed her 
name in 2016, to align her name with her gender identity.  The appearance of her 
old name on her DD Form 214 is an injustice because it discloses her transgender 
status every time she shows her DD Form 214.  The injustice is due to the social 
stigma and discrimination transgender people face.  This injustice can be remedied 
effectively by issuing a corrected DD Form 214 showing her current legal name. 

3.  The applicant enlisted in the U.S. Army on 6 November 1972.  Her enlistment 
contract shows her name as "XXXXXX XXXXX XXXXX."  Her DD Form 4 
(Enlistment Contract - Armed Forces of the United States) shows her sex as "M."

4.  On 5 November 1975, she was relieved from active duty.  Block 1 (Name (Last, 
First, Middle)) of her DD Form 214 issued for that period of service shows her name 
as "XXXXX, MXXXXX XXXXX."     

5.  On 9 September 2016, a court issued an order changing the applicant’s name to 
"XXXXXXX XXXX XXXXX."

6.  The applicant provides a letter from Dr. S.J. which states the applicant had 
appropriate clinical and medical treatment for gender transition to the new gender 
female.

7.  The applicant also provides copies of her Passport and Driver’s License showing 
her name as "XXXXXX XXXX XXXXX."
 
8.  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.  At the direction of the Army Board for Correction of Military Records (ABCMR) 
or Army Discharge Review Board, or in other instances when appropriate, the 
Deputy Assistant Secretary of the Army, Army Review Boards Agency, 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 issuing a DD Form 
215 (Correction to DD Form 214).  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence 
is sufficient to grant relief.  The Board agreed due to the unique circumstances of 
transgender personnel, the evidence provided indicates the applicant’s name 
change should be reflected on the DD Form 214.
?
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 with the name in block 1 (Name (Last, 
First, Middle)) entered as it is shown on her passport and driver license. 

     b.  No entries should be made in the 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 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.  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.  At the direction of the Army Board for Correction of Military Records (ABCMR) 
or Army Discharge Review Board, or in other instances when appropriate, the 
Deputy Assistant Secretary of the Army, Army Review Boards Agency, 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 issuing a DD Form 
215 (Correction to DD Form 214).  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180012241
	
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