ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20190003866


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 31 May 2000, to show her current 
legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Judgment of Change of Name
*	U.S. Uniformed Services Identification Card
*	U.S. Passport
*	Driver License
*	a letter
*	Certificate of Birth

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 changed her legal 
name from "XxXxxx Xxxx Xxx" to "Xxvxx Xxxxxx Xxx."  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.  Her DD Form 214 lists her name as "Xxnxxx Xxxx Xxx" in item 1 NAME (Last, First,  
Middle), as shown on the DD Form 214 Continuation Sheet.

4.  The applicant's military record is void of any documents recording her current legal 
name. 
5.  The applicant provides a Judgment of Change of Name from the Circuit Court of 
, dated 11 October 2018, which shows her name 
was legally changed to "Xxvxx Xxxxxx Xxx," and her gender legally changed from 
"male" to "female."

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  The DD Form 214 is a historical document that should reflect the record as it existed 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 discussed the applicant’s service, the documents 
she provided and the potential injustice she may face if required to show her current DD 
Form 214 and the potential for denial of benefits if the record was not changed.  The 
Board determined that while there was no error, a correction was warranted to prevent a 
future injustice from occurring.

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) with the following 
amendments:

   a.  The applicant's legal name, as recorded on the court ordered name change 
document, dated 11 October 2018, 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, 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)	 AR20190003866

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