ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180016846


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 “X____, X____ X____” instead of “X____, X______ X______.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Circuit Court of the State of , General Judgement for Change of Name 
and Sex, dated 8 May 2018
*	Department of Veterans Affairs (VA) Medical Center, Endocrinology and 
Metabolism Section, dated 28 August 2018
*	State of Standard Certificate of Live Birth
*	Oregon Driver License
*	United States Passport

FACTS:

1.  The applicant states she is a transgender woman who legally changed her name in 
May 2018.  The appearance of her old name on her DD Form 214 is an injustice 
because it reveals her transgender every time she shows her DD Form 214, 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.  Her DD Form 214 in item 1 shows her name as “X____, X______ X______.”

3.  The applicant provides:

	a.  A court order judgement for a name and gender change from the State of Oregon 
that shows she requested and was approved to legally change her name from “X____,  
X______ X______” to “X___, X____ X___” and her gender from male to female,

	b.  A letter from the Portland VA Medical Center, which states the applicant “has 
been under my care since August 31, 2017.  As such I am completely familiar with and 
actively participating in this veteran’s transition to female gender.” 

	c.  A copy of her U.S. passport, birth certificate, and driver’s license, which show her 
name as “X____ X____ X____.”

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  The DD Form 214 is a historical document that should reflect the record as it existed 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


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:

     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 indicate 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.


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.  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)	 AR20180016846
	
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