ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20190003578


APPLICANT REQUESTS:  correction of her DD Forms 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 16 December 1982 and 25 May 1984, 
to show her current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	State of Driver License
*	Military Identification (ID) Card
*	DD Forms 214

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 in June.,  Her DD Forms 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 corrected DD Forms 214 listing 
her current name will effectively remedy this injustice.  

3.  The applicant’s DD Forms 214 for the periods ending  December  and  May  show 
her name as in item 1.

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

5.  The applicant provides a copy of her Oregon driver license and her military ID card, 
which shows her name as “.

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  The DD Form 214 is a historical document that should reflect the record as it existed 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, her name as it appeared in her records and the reason for his separation.  The 
Board considered the applicant’s driver’s license and military ID card.  The Board 
considered the unique circumstances of transgender individuals and the potential for 
delay or denial of benefits when required to show 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 a correction to the applicant’s name on her DD 
Form 214 was appropriate.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
  

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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 Forms 
214 (Certificate of Release or Discharge from Active Duty) for the period of service 
ending December and  May  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

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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)	 AR20190003578
	
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