ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20180013183 APPLICANT REQUESTS: correction of block 1 (Name) on her DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending 13 February 1996 to show her current legal name X___ X___ X___. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Court order for change of name * Copy of state driver’s license * Medical statement of treatment 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 and has changed her legal name from X___ X___ X___ II to X___ X___ X___ in 2017. Her name change order aligns the name with her gender identity. The appearance of her former name on the 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. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current legal name. 3. The applicant provides: a. A copy of the court order, dated 5 September 2017, from the 13th Judicial District Court, in the county of , that shows her legal name change from X___ X___ X___ II to X___ X___ X___. b. A copy of her current New Mexico state driver’s license ##xxxxxxxx, that shows her name as X___ X___ X___. c. A copy of her medical treatment note, dated 11 May 2018, that shows X___ X___ has treated the applicant for her gender identity disorder. The note also shows the applicant was under appropriate clinical treatment at that time. 4. A review of the applicants’ service record shows: a. The applicant’s social security card with number #xx-xx-xxxx and the previous name X___ X___ X___ II. b. DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of assignments) the applicant: * served in the Regular Army (RA) from August 1985 to April 1988 * served in the U.S. Army Reserve (USAR) from April 1988 to November 1990 * enlisted in the RA on 14 November 1990 c. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * Item 1 (Name) X___ X___ X___ II * Item 5 (Date of birth) 1x October 1xxx * Item 12b (Separation date this period) 25 April 1988 * Item 12c (Net active service this period) 2 years, 8 months, and 25 days * Item 23 (Type of separation) Relief from active duty (REFRAD) * Item 24 (Character of service) Honorable * Item 28 (Narrative reason for separation) reduction in authorized strength – FY 88 early transition program d. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * Item 1 (Name) X___ X___ X___ II * Item 5 (Date of birth) 1x October 1xxx * Item 12b (Separation date this period) 13 February 1996 * Item 12c (Net active service this period) 5 years, 3 months, and 0 days * Item 23 (Type of separation) Discharge * Item 24 (Character of service) Honorable * Item 28 (Narrative reason for separation) completion of required active service 5. 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. 6. 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). 7. 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 1 October 1973 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/her 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/her 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: 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. 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 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 Form 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 1 October 1973 with the name shown on his/her court order. No entries should be made in block 18 of the reissued DD Form 214 listing his/her 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/her previous gender. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180013183 5 1