ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20180014668


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) in block 1 (Name (Last, First, Middle)) to show his current 
legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter, Department of Veterans Affairs (VA) Medical Center, dated 25 September 
2018
*	Court Order Changing Name of Adult, dated 
*	DD Form 214

FACTS:

1.  The applicant states, in effect, he is a transgender man who changed his legal name 
from "" to "."  His DD Form 214 records his old name and discloses his transgender 
identity, which places him at a disadvantage.  This is an injustice because transgender 
people face social stigma and discrimination.  Issuing a corrected DD Form 214 listing 
his current name will effectively remedy this injustice.

2.  The applicant's military records, including his DD Form 214, list his name as The 
documents in the record identifying the applicant's gender recorded his gender marker 
as female.

3.  The applicant did not provide an identification card issued by a state, a passport, or a 
letter from his physician recording his new gender.  However, he did provide the 
following documents:

     a.  A letter from the Privacy/FOIA Officer at a VA Medical Center in, dated, informed 
the applicant that his request to change the name on his records from " to " had been 
granted in full.

     b.  A Court Order Changing Name of Adult, issued by the Superior Court of County, , 
dated, changed the applicant's legal name from " to " 

4.  The DD Form 214 is a historical document that should reflect the record as it existed 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.  A post-service name change does not 
retroactively create an error on the DD Form 214.  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.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, record of 
service, the name appearing in the applicant’s records to include his separation 
document.  The Board considered the post-service documents the applicant provided 
from a court and the VA.  The applicant did not provide any additional documents 
reflecting gender.  The Board considered that 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.  Based on a preponderance of 
evidence, the Board majority determined that to prevent a potential injustice from 
occurring, changing the applicant’s name was appropriate.  One member determined 
that there was insufficient evidence to support the requested post-service name change.

2.  After reviewing the application and all supporting documents, the Board majority 
found that relief was warranted.
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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:	:	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 reissuing the DD Form 
214 (Certificate of Release or Discharge from Active Duty) for the period of service 
ending 27 April 2013 with the following amendments:

   a.  The applicant's legal name, as recorded on the court ordered name change 
document, will be entered in item 1 (Name), and
   
b.  No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a 
previous name or that indicates 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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REFERENCES:

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.  

	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.  Item 1 (Name (Last, First, Middle))- 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.  Item 18 (Remarks) - 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.  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, at the direction of the ABCMR or in other instances 
when appropriate, 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).



ABCMR Record of Proceedings (cont)	 AR20180014668
	
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