ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 October 2019

	DOCKET NUMBER:  AR20190001780


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending on 27 September 1991, to show 
her current legal name as  instead of 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
 
*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 27 September 1991
*	Marriage Certificate, dated 21 August 2002
*	court order, District Court, dated 
29 November 2012 
*	copy VA File Number 470824769, Department of Veterans Affairs (VA), dated 
11 December 2018
*	letter, Veteran Services, dated 31 December 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 (ABCMR) 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 woman who changed her 
legal name from  to   Her DD Form 214 records her old 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 DD Form 214, item 1 (Name), for the period 30 June 1988 
through 27 September 1991 and all the documents in her record show her name as  
The following document(s) of record shows her gender as male:

*	DA Form 2A (Personnel Qualification Record), Part I, item 5 (Sex – Code), 
dated 16 August 1991
*	DD Form 1172 (Application for Uniformed Services Identification Card – 
DEERS Enrollment), item 2 (Sex), dated 19 November 1994

4.  The applicant provides a VA document which shows her name as and a court 
order which orders her name changed to instead of also included in the order is a 
change of her gender from male to female. 

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  The DD Form 214 is a historical document that should reflect the record as it 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

7.  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 regulation directs 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.

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 reissuing her 
DD Form 214 with the following amendments:

     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.

   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), currently in 
effect, prescribes the transition processing function of the military personnel system, 
including preparation of the DD Form 214.  

	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).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001780

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