ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  16 August 2019

	DOCKET NUMBER:  AR20180016569


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Report of 
Separation from Active Duty) for the period ending on 27 February 1977 to show her 
current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Order for Name Change, issued by County Court, on 
10 October 2018

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, in effect, she is a transgender female who changed her legal to 
align with her gender identity.  Her DD Form 214 records her previous name and 
discloses her transgender identity, which places her at a disadvantage.  This is an 
injustice because transgender people face social stigma and discrimination.  Issuing a 
corrected DD Form 214 listing her current name will effectively remedy this injustice.

3.  The applicant's record contains a DD Form 214 for the period ending on 27 February 
1977, which show "Wxxx, S" in item 1.

4.  The applicant's military record is void of any documents recording her current legal 
name.  All of her military records show the name "WXXX S."

5.  On 9 April 2018, The County Court, ordered the 
applicant's legal name change to "WXXX, V "

6.  The applicant did not provide additional identification or documentation with her new 
legal name. 
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  The DD Form 214 is a historical document that should reflect the record as it existed 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, her record of 
service, the court order she provided, and her discharge documents.  The Board found 
that the applicant, as a transgender individual, may face unique circumstances when 
asked to provide a DD Form 214 as proof of military service.  To prevent the potential 
for future denial or delay of benefits, that would create an injustice, the Board 
determined that a correction to the applicant’s record was appropriate.  The Board 
further determined that this correction is limited to the DD Form 214 in question and 
does not extend to any other documents in the applicant's Army records of the individual 
concerned.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
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 the DD Form 
214 (Certificate of Release or Discharge from Active Duty) for the period of service 
ending 27 February 1977 with the following amendments:

   a.  The applicant's legal name, as recorded on the court ordered name change 
document dated 22 October 2018, 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



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 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 (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).

ABCMR Record of Proceedings (cont)	 AR20190000151

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