ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20190004657 APPLICANT REQUESTS: correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), with the separation date 29 June 2010, to show his current legal name "XXS" instead of "XXS" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * court order, Case Number , District Court of , dated 24 July 2014 * Division of Vehicles, Department of Revenue, dated 31 July 2014 * DD Form 1172-2 (Application for Identification Card/DEERS Enrollment), dated 22 February 2016 * letter, Quatela Center for plastic Surgery, dated 28 July 2017 * letter, Medical Center, Department of Veterans Affairs, 9 January 2018 * driver's license * identification and privilege card, Department of Defense/Uniformed Services 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, he is a transgender man and he changed his legal name in 2014, as evidenced in the attached court order, which aligns his name with his gender identity. The entry of his prior name on his DD Form 214 is an injustice, which reveals his transgender status when he is required to show the form. The injustice is due to the social stigma and discrimination that transgender people face. The injustice makes him subject to harassment, which can be remedied by correcting his name on the DD Form 214. He contends was not aware of the ability to correct his record but in the interest of justice the DD Form 214 should be corrected to prevent him from being forced to reveal his transgender status thereby putting himself at risk every time he has to show the form. 3. The applicant's DD Form 214 for the period 2 January 2008 to 29 June 2010 show his name as "XXS." 4. The applicant record is void of documents, which show his current legal name "XXS." 5. The applicant provides the following documents which show the name he request: * court order, Case Number , District Court of , dated * 24 July 2014 * Division of Vehicles, Department of Revenue, , dated 31 July 2014 * DD Form 1172-2 (Application for Identification Card/DEERS Enrollment), dated 22 February 2016 * letter, Quatela Center for plastic Surgery, dated 28 July 2017 * letter, Medical Center, Department of Veterans Affairs, 9 January 2018 * driver's license * identification and privilege card, Department of Defense/Uniformed Services X. 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, the name in his records and the post-service name change. The Board considered that the unique circumstances faced by transgender individuals who are asked to provide proof a military service may experience an injustice related to receipt of benefits. Based on a preponderance of evidence, the Board determined that a correction of the name appearing on the applicant’s DD Form 214 was appropriate to prevent the possibility of a 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 :XXX :XXX :XXX 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 29 June 2010 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, 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 (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 ABCMR Record of Proceedings (cont) AR20190004657 3 1