ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20190002069


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 21 June 1990, to show her current 
legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Commonwealth of Virginia, Order For Change of Name, 
*	Driver’s License
*	Department of Memorial Hospital, , Internal Medicine, dated 
*	DD Form 214t

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 woman who legally changed her 
name .
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 for the period ending 21 June 1990 show her name in 
item 1 (Name – Last, First, Middle).

4.  The applicant's military record is void of any documents recording her current legal 
name.  

5.  On 10 July 2018, the Commonwealth of Virginia ordered the applicant's legal name 

6.  The applicant provides a letter from her doctor, dated 7 December 2018, which 
states, “…I have a patient/physician relationship with [applicant] and whose medical 
history I have review and evaluated.  [Applicant] has had appropriate clinic treatment for 
gender transitioning to the new gender of Female.” 

7.  The applicant provides a copy of her Virginia driver’s license, which shows her name 

6.  The DD Form 214 is a historical document that should reflect the record as it existed 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 name appearing on her separation documents, the court-ordered name 
change, physician’s letter and driver’s license.  The Board considered the unique 
circumstances of transgender individuals and the potential for delay or denial of benefits 
when required to chow a DD Form 214 as proof of military service.  Based on a 
preponderance of evidence, and to preclude potential future injustice, the Board 
determined that the applicant’s record should be corrected to reflect her current name.

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 21 June 1990 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.


ADMINISTRATIVE NOTE(S):

Not Applicable


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.  

	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)	AR20190002069
	
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