ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20180015801 APPLICANT REQUESTS: in effect, correction of the following separation documents to show her current legal name: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 17 October 2012 * DD Form 214 for the period ending on 30 July 2015 * National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) for the period ending on 17 January 2018 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Court Order Changing Name of Adult, dated 10 October 2018 * Driver License/Identification Card Receipt, issued 15 October 2018 FACTS: 1. The applicant states, in effect, she is a transgender woman who changed her legal name from "XXX" to "XXX." Her DD Forms 214 and NGB Form 22 record her old name and disclose her transgender identity, which places her at a disadvantage. This is an injustice because transgender people face social stigma and discrimination. Issuing corrected DD Forms 214 and an NGB Form 22 listing her current name will effectively remedy this injustice. 2. The Board will not consider the applicant's request to correct her NGB Form 22 to show her current legal name. This portion of her application to the Army Board for Correction of Military Records (ABCMR) is premature, as there is no evidence that she first applied to The Adjutant General of Idaho for their action. Army Regulation 15-185 (ABMCR), the regulation under which this Board operates, stipulates that the Board will not consider an application until the applicant has exhausted all available administrative remedies to correct the alleged error or injustice. a. The Adjutant General of Idaho is the appropriate agency to first consider request the applicant's request for correction of her NGB Form 22. The applicant may submit a request to The Adjutant General, in letter format, to the below address. Her request to The Adjutant General should include a copy of her NGB Form 22, enlistment contract, discharge orders, legal name change documentation, and any other documentation supporting her request, to the following address: The Adjutant General of Idaho, 4040 W. Guard Street, Boise, ID 83705. b. The applicant may reapply to the ABCMR , if she still believes that an error or injustice exists after she receives a response from the State Adjutant General, by submitting a new DD Form 149. Her application to the Board must include a copy of the denial letter from the State Adjutant General and any other evidence that she feels substantiates her request. 3. The applicant's record contains two DD Forms 214 the periods ending on 17 October 2012 and 30 July 2015, which show her name as "CFY" in item 1. 4. The applicant's military record is void of any documents recording her current legal name. 5. The applicant's military record contains the following documents that record her name as "XXX" and her gender marker as "Male." * Certificate of Live Birth, issued on 5 November 1993 * Driver's License, with an issuance date of 11 April 2011 and an expiration date of 8 December 2016 * DD Form 2808 (Report of Medical Examination), dated 18 January 2012 6. On 10 October 2018, the Superior Court of ordered the applicant's legal name change to "XXX." 7. 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, a reissued birth certificate, driver’s license, medical document and court- ordered name change. The Board considered that the applicant’s unique circumstances may be subject to denial or delay of benefits when asked to present a record of military service. One member determined there was insufficient evidence to correct the applicant’s records based on a post service name change. The Board majority determined that a correction was required to prevent any potential injustices. The Board determined that the applicant had failed to exhaust an administrative remedy for the correction for her NGB 22. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : :XXX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the the applicant’s DD Forms 214 for the periods of service ending 17 October 2012 and 30 July 2015 as follows: 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. . 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the name on the applicant’s NGB 22. 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 Army Board for Correction of Military Records (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 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)- 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) AR20180015801 5 1