ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 November 2019

	DOCKET NUMBER:  AR20180012843


APPLICANT REQUESTS:  correction of item 1 (Name (Last, First, Middle)), of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty), period ending 
25 January 1998 to show his legal name as “X___, X___ X.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, period ending 25 January 1998
*	Doctor’s statement, dated 12 September 2017
*	State of Vermont Chittenden County, S.S. Adult Name Change Order, dated 
28 June 2018
*	Social Security Card, dated 30 July 2018
*	United States Passport, (illegible)

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:

	a.  He is a transgender man and changed his legal name from “X___ X. X___” to 
“X___ X. X___” in 2003, 2007, and 2018 as evidenced in the attached name change 
order, to align his name with his gender identity.

	b.  The applicant states, the appearance of his old name on his DD Form 214 is an 
injustice because it discloses his transgender status every time he has to present the 
document.  He adds, this is an injustice due to the social stigma and discrimination that 
transgender people face.  Lastly, he states, this injustice can be remedied effectively by 
issuing a corrected DD Form 214 so he will not continue to have to reveal his 
transgender status every time he shows his DD Form 214.

3.  The applicant provides:

	a.  A copy of his DD Form 214, which shows in item 1, his name at the time of 
separation was entered as (Last, First, Middle), “X___, X___, X.”

	b.  A statement from his doctor, dated 12 September 2017, confirming the applicant 
has had the appropriate clinical treatment for gender transition to the male gender.

	c.  A Court Order, dated 28 June 2018, issued by the State , approving 
the applicant's name change from "X_____ X______ X." to "X_____ X____ X."

	d.  A copy of his Social Security Card, showing the applicant’s full name as "X____ 
X_____ X____.”

	e.  A copy of his United States Passport (illegible).

4.  A review of the applicant's service records shows:

	a.  The applicant enlisted in the Regular Army on 28 January 1993 under the name  
“X___, X___, X.”.  The applicant reenlisted in the same service component on 
5 October 1995 under the same name.

	b.  The applicant’s service record was void of documentation and circumstances 
leading up to her discharge due to a disability.  However, Orders 349-0102, dated 
15 December 1997, discharged the applicant from active service, effective 
25 January 1998, as a result of an injury or disease received in the line of duty (LOD).

	c.  The applicant’s DD Form 214 shows he was discharged honorably from active 
service for disability, severance pay on 25 January 1998.  Item 1 of the DD Form 214 
for this period of service list his name as “X___, X___, X.”.

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 DD Form 214 for the period ending 25 January 1998, and issuing a new 
DD Form 214, showing the 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 a 
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 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 policy and procedural guidance relating to transition management.  It 
establishes standardized policy for preparation of the DD Form 214.  It states 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.

	a.  The instructions for completing the DD Form 214, states:

		(1)  For 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).

		(2)  For block 18, 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.

	b.  On direction of the Army Board for Correction of Military Records (ABCMR) or 
Army Discharge Review Board (ADRB), or in other instances when appropriate, the 
Deputy Assistant Secretary of the Army (Review Boards) 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).

3.  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.

4.  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 
25 January 1998 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012843

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