ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  12 November 2019

	DOCKET NUMBER:  AR20180014463


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) item 1 name, ending on 15 September 2008, to show her 
legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Letter from Oregon Health Authority
*	 Driver License
*	Social Security Card (SSN)
*	Certificate of Live Birth
*	Name Change Application

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 request the name on her DD214 to be corrected from  
.  She is a transgender woman veteran.  She changed
her legal name from _ on 27 April , as evidenced in the 
attached name change order, to align her name with her gender identity.  As explained 
below, the appearance of her dead name on her DD214 is an injustice because it 
reveals her transgender status every time she shows her DD214.  Disclosure of her 
dead name, in effect, discloses her transgender status.  This is an injustice due to the 
social stigma and discrimination that transgender people face.  Her current DD214 
record with her dead name reveals her transgender status every time she has to show 
the form for any reason.  This injustice can be remedied effectively by issuing a correct 
DD214 listing her legal name of 
.  Until recently she wasn't aware that it was 
possible to remedy this injustice.  It's in the interest of justice to correct her record so 
that she won't continue to be forced to reveal her transgender status, putting herself at 
risk each time she shows her DD2l4.

3.  The applicant provides:

    a.	DD Form 214 dated 15 September 2008 which shows she was honorably 
discharged due to disability, severance pay, non-combat related and item 1 Name-

   b.	A letter from Heath Authority Public Health Division dated 27 April 
which shows the Administrative name and Sex Change Approval and the sex that now 
appears on her Birth Certificate is female.

c.	Driver license shows name  issued 1 May  Sex female.

d.	SSN dated 10 May  shows name 
e.	 health authority center for health statistics certificate of live birth name 
sex female.

   f.	Health authority application to change the name and/or sex on a record 
of live birth to support gender identity request legal name on birth certificated as it not 
appears: , name as it should appear: and the sex on the birth 
certificate identified above changed to sex currently shown on record Male to sex as it 
should appear female dated 25 April

4.  A review of the applicant’s service record shows:

   a.	 She enlisted in the Regular Army on 4 October 2006.  The name on the 
enlistment document is 

   b.	 Orders  dated 1 Aug he was discharged from the regular 
component.  The name on the orders was .

   c.	DD Form 214 dated 15 September 2008 which shows she was honorably 
discharged due to disability, severance pay, non-combat related and item 1 (Name) 


5.  The ABCMR has, in the past, 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 214 was created.  The underlying reasoning has been that a post-
service name change does not retroactively create an error on the DD Form 214.

6.  The applicant's unique circumstances as a transgender individual warrant further 
consideration, because denying her request could prevent or delay receipt of benefits 
for which she must provide a DD Form(s) 214 as proof of military service.

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 (AR) 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.  

	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 item 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 item 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 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).

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180014463

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