ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS


	
	BOARD DATE:  30 March 2020

	DOCKET NUMBER:  AR20190003154


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), to show his current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Physician Statement, dated 1 February 2017
*	Court Order Changing Name (Adult), filed 4 August 2017
*	Social Security Card, issued 4 August 2017
*	Certification of Birth Record, issued 
*	Driver License

FACTS:

1.  The applicant states, in effect, he is a transgender man who changed his legal name 
from "RKLL" to "ACL."  His DD Form 214 records his old name and discloses his 
transgender identity, which places him at a disadvantage.  This is an injustice because 
transgender people face social stigma and discrimination.  Issuing a corrected 
DD Form 214 listing his current name will effectively remedy this injustice.

2.  The applicant's DD Form 214 for the period 23 January 2013 through 20 April 2016 
shows his name as "RKLL" in item 1 (Name (Last, First, Middle)).

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

4.  The applicant provides a letter from his doctor, dated 1 February 2017, which states 
the applicant had completed three sessions of psychotherapy toward fulfilling the 
requirements for hormone replacement therapy/gender reassignment, and he was 
exploring surgical options for gender confirming surgery.  The applicant had met all of 
the eligibility and readiness criteria outlined in the official Standards of Care for the 
treatments of transgendered individuals.  He also provided his Birth Record, which lists 
his gender as "Male."

5.  On 4 August 2017, , State of, ordered the applicant's legal name change to "ACL."

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  The DD Form 214 is a historical document that should reflect the record as it existed 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, his record of 
service and the name appearing in his records, as well as his doctor’s letter, Birth 
record and Court-ordered name change.  The Board considered the unique 
circumstance faced by transgender individuals and the potential for denial or delay of 
benefits when these individuals must provide a DD Form 214 as proof of military 
service.  Based on a preponderance of evidence, the Board determined that a 
correction to the applicant’s record was required to prevent a potential future injustice.

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 ending 20 April 
2016 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 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.  Item 1 (item 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 (Item Name) - 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)	 AR20170017412
	
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