ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20180013642 APPLICANT REQUESTS: all military records be changed to show his legal name and gender and a copy of an Honorable Discharge with his new legal name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD 214 (Certificate of Release or Discharge from Active Duty * DA Form 2-1, Section III * DARC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for U.S. Army Reserve) * DA Form 4651-R (Request for Reserve Component Assignment or Attachment) * County Court Order * State of Department of Health letter * Amended Birth Certificate * Copy of New York State driver’s license 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, he legally changed his name, gender, and his birth certificate, and he needs his military records to reflect the change. He states his name was changed from X_ X_ to X_ X. X_. 3. The applicant provides the following: a. His DD Form 214, for the period from 29 June 1981 to 28 August 1981, that shows his previous name X_ X_. b. A copy of DARC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for U.S. Army Reserve (USAR) Troop Program Members), dated 6 June 1988, that shows the applicant’s previous name X_ X_. c. A copy of DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 8 August 1988, that shows the applicant’s previous name X_ X_. d. A copy of DA Form 2-1 (Personnel Qualification Record), Section III, that does not show any personal identifiable information (PII). e. A copy of the court order, dated XX January XXXX, from County in , that shows his name was legally changed from X_ X_ to X_ X. X_. f. A copy of a letter from the Department of Health, dated 24 March 2009, that shows their office prepared and filed an amended birth certificate for X_ X. X_. g. A copy of his amended birth certificate that show the name X_ X. X_, and a date of birth on xx Xxxx 1xxx. h. A copy of his driver’s license that shows his ID # xxx xxx xxx, and the name X X. The applicant states that State allowed him to use the name as shown, since his birth certificate was not amended at the time his license was changed. i. The applicant's complete service records are not available for the Board to review. Therefore, this case is being considered using the documents provided by the applicant. 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 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 his current DD Form 214 and issuing him a new DD Form 214, showing his 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 his 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) AR20180013642 5 1