ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180016273


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 19 May 2001 to show her legal 
name.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	A Physician letter from the Department of Veterans Affairs (VA), Central 
Texas Veterans Health Care System, dated 12 October 2018
*	Final Order to Change the Name and Sex/Gender Identifier of an Adult, 
issued by the District Court of  on 6 November 2018
*	Photocopy of her Texas Department of Public Safety temporary identification 
card, issued 30 November 2018

FACTS:

1.  The applicant states she is a transgender woman.  She changed her legal name 
from "XXXXXX X.X." to "XXXXXX X.X." in 2018 to align with her gender identity.  
The appearance of her old name on her DD Form 214 is an injustice because it 
reveals her transgender status every time she shows her DD Form 214.  Disclosure 
of her former name 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 corrected DD Form 214 listing her current name.

2.  The applicant enlisted in the Regular Army on 30 July 1991.  Her DD Form 4 
(Enlistment / Reenlistment Document - Armed Forces of the United States) shows 
her name as "XXXXXXX X.X."

3.  The applicant was honorably discharged from the Army on 19 May 2001.  Item 1 
(Name – Last, First, Middle) of her DD Form 214 shows her name as 
"X, XXXXXXX X" 

4.  The applicant provides the following:

     a.  A letter from her physician at the VA, Central Texas Veterans Health Care 
System, dated 12 October 2018, which confirms that she has had the appropriate 
clinical treatments for gender transition to the female gender and continues to 
receive treatments. 

     b.  A Final Order to Change the Name and Sex/Gender Identifier of an Adult, 
issued by the District Court of  on 6 November 2018, approving 
her request for a name from "XXXXXXX X X" to "XXXXX X.X." as well as changing 
the sex identifier from male to female.  

     c.  A copy of her Texas Department of Public Safety temporary identification card 
showing her name as "XXXXXX X X" and her sex listed as "F."

5.  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:

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 her DD Form 214.  The Board also concurs with 
corrections specified in the Administrative Note(s) below.

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 reissuing her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with the 
following amendment shown immediately below and with the amendments shown in 
Administrative Note(s):

     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):

The applicant's DD Form 4 shows she enlisted into United States Army Reserve 
(USAR) delayed entry program (DEP) on 15 October 1990 with enlistment in the 
Regular Army on 30 July 1991.  Her DD Form 214 should be amended by:

*	deleting the entry in 12a (Date entered AD This Period) and replacing it with 
the entry "1991 07 30"
*	deleting the entry in 12c (Net Active Service This Period) and replacing it with 
the entry "0009 09 20"
*	adding the entry in 12e (Total Prior Inactive Service) of "0000 09 16"  

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), dated 
10 February 2014, 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 (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 item 18 (Remarks).

     c.  For 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).

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20180016273
	
3

1