ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR20180015520


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty), item 1 NAME (Last, First, Middle) to show her legal name 
as "E_______, A___ R____" instead of "E_______, W______ C______."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (VA) Medical Center, dated 1 August 2018
*	County District Court, dated 2 July 2018
*	Social Security Card
*	Minnesota Driver’s License
*	DD Form 214

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 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 who legally changed her name in 
July 2018.  The appearance of her old name on her DD Form 214 discloses her 
transgender status, which is an injustice due to the social stigma and discrimination that 
transgender people face.  This injustice can be remedied effectively by issuing a correct 
DD Form 214, listing her current name.  

3.  Her DD Form 214, item 1 shows her name as "E_______, W______ C______."

4.  The applicant provides:

	a.  A court order from the State approved her request to legally change 
her name and gender marker.  His court order also directed the amendment of her birth 
records to show her name as "E_______, A___ R____," and her gender marker as 
female.   
	b.  A letter from a Staff Physician at the VA Medical Center, which states the 
applicant has been evaluated and counseled by the Mental Health Services, and that  
hormone therapy is appropriate.  She is currently being treated with hormone 
replacement therapy.

	c.  A copy of her social security card and driver’s license, which shows her name as 
"E_______, A___ R____."

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  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.

6.  In the past, the ABCMR has denied similar applications for name changes 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.  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.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence is 
sufficient to grant relief.  The Board agreed due to the unique circumstances of 
transgender personnel, the evidence provided indicates the applicant’s name change 
should be reflected on the DD Form 214.
.

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.  Reissuing the applicant's DD Form 214 with the name in block 1 (Name (Last, 
First, Middle)) entered as it is shown on the applicant’s State of Minnesota Final Order – 
Petition to Change Name. 

     b.  No entries should be made in the remarks of the reissued DD Form 214, either 
listing the applicant's 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-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.  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 the DD Form 214, item 1 states to review and compare the 
official record with the original enlistment contract or appointment order for possible 
name changes.  If a name change has occurred, list other names of record in block 18 
(Remarks).

	b.  The instructions for block 18 state, 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.

	c.  At the direction of the Army Board for Correction of Military Records (ABCMR) or 
Army Discharge Review Board, 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).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180015520
	
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