ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20190005363


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 15 April 1992 to show her court 
ordered name change. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, for the period ending 15 April 1992
*	Order for Change of Name, issued by the District Court, on 5 February 2019
*	A Physician letter from, dated 28 February 2019
*	Photocopy of her Driver License

FACTS:

1.  The applicant states she is a transgender woman.  She changed her legal name 
from to  to align with her gender identity.  The appearance of her old name on her 
DD Form 214 is an injustice because it reveals her transgender status every time 
she shows her DD Form 214.  Disclosure of her former name discloses her 
transgender status, which is an injustice due to the social stigma and discrimination 
that transgender people face.  This injustice can be remedied effectively by issuing a 
corrected DD Form 214 listing her current name.

2.  After a prior period of service, the applicant enlisted in the Regular Army on  
1 September 1988.  Her DD Form 4 (Enlistment / Reenlistment Document - Armed 
Forces of the United States) shows her name as 

3.  The applicant was honorably discharged from the Army on 15 April 1992.   
Item 1 (Name – Last, First, Middle) of her DD Form 214 shows her name as 


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

5.  The applicant provides the following:

     a.  A Order for Change of Name, granted by the District Court, Clark County, 
Nevada on 5 February 2019, approving her request for a name change from to 

     b.  A letter from her physician at Metro Inclusive Health, dated 28 February 2019, 
which confirms that she has had the appropriate clinical treatments for gender 
transition to the female gender.  

     c.  A copy of her Driver License showing her name as  and her sex listed 
as "F."

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  The DD Form 214 is a historical document that should reflect the record as it 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:

After review of the application and all evidence, the Board determined the evidence 
is sufficient to grant relief.  The Board agreed due to the unique circumstances of 
transgender personnel, the evidence provided indicates the applicant’s name 
change should be reflected on the DD Form 214.


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 her 
DD Form 214 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 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), dated 10 
February 2014, 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.  For 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 item 18 (Remarks).

     c.  For 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).

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190005363

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