ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20180012484 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her name as X____ X____ X___ instead of X____ X____ X____. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from Dr. M.A. * DD Form 214 * Honorable Discharge Certificate * Court Order * 2 Certificates of Birth * Department of Veteran Affairs (VA) Identification Card * Driver’s License * Social Security Card 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 had her name legally changed to align 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. This is an injustice due to the social stigma and discrimination that transgender people face. The injustice could be remedied effectively by issuance of a new DD Form 214. 3. The applicant enlisted in the U.S. Army on 1 April 1974. Her enlistment contract shows her name as X____ X____ X____. Her DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows her sex as "M." 5. The applicant’s record is void of DD Form 214 showing her release from active duty prior to her reenlistment. She reenlisted on 17 February 1977. 6. On 15 April 1982, she was retired from active duty due to temporary physical disability. Block 1 (Name (Last, First, Middle)) of her DD Form 214 issued for that period of service shows her name as X____, X____ X____. 7. On 12 November 2008, the Superior Court issued an order changing the applicant’s name to X___ X___ X____. 8. The applicant provides a Certificate of Birth, amended on 14 February 2011, which show her name as X____ X___ X____. She also provides copies of her Driver’s License, VA Identification Card, and Social Security Card showing her name as X____ X___ X____. 9. The applicant further provides a letter from Dr. X____ X____ which states the applicant had appropriate clinical treatment for gender transition to the new gender female. 10. 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 and a reissued Honorable Discharge Certificate. 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 changed by court order and reissuing her Honorable Discharge Certificate also showing her name change. 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) AR20180012484 3 1