ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


SAMR-RB                                                                           24 July 2019


MEMORANDUM FOR Case Management Division, US Army Review Boards 
Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531

SUBJECT: Army Board for Correction of Military Records Record of 
Proceedings for AR20190005538


1.	Reference the attached Army Board for Correction of Military Records 
Record of Proceedings, dated 4 June 2019, in which the majority of Board 
members recommended denial of the applicant’s request.

2.	I have reviewed the findings, conclusions, and Board member 
recommendations. I find there is sufficient evidence to grant relief. Therefore, 
under the authority of Title 10, United States Code, section 1552, I direct that 
all Department of the Army Records of the individual concerned be corrected 
by amending his DD Form 214 for the periods of service ending 30 January 
2010 to reflect the applicant’s full name in item 1 as shown in the 4 February 
2019 Court Order.

3.	Request necessary administrative action be taken to effect the correction 
of records as indicated no later than 30 November 2019. Further, request that 
the individual concerned and counsel, if any, as well as any Members of 
Congress who have shown interest be advised of the correction and that the 
Army Board for Correction of Military Records be furnished a copy of the 
correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:




							X_____________________________
Encl



	
		BOARD DATE:  4 June 2019

		DOCKET NUMBER:  AR20190005538


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Judgement for Change of Name of Adult Individual, Circuit Court of the 
13th Judicial Court,  County, dated 4 February 2019
*	Driver's License, dated 8 February 2019
*	Email, H____ B____, dated 15 May 2019

FACTS:

1.  The applicant states he is a transgender man.  Disclosure of his former name, in 
effect, discloses his transgender status.  This is troublesome due to the social stigma 
and discrimination that transgender people face.  Currently, his DD Form 214 reveals 
his transgender status every time he shows the form.  This can be remedied by 
changing the form from his given name to his legal name.

2.  The applicant enlisted in the Regular Army 17 October 2002 under the name 
B____ S____ S____.  He was honorably discharged on 15 November 2003.

3.  The applicant again enlisted in the Regular Army on 31 January 2005 under the 
name B____ S____ S____.

4.  On 16 June 2005, the applicant requested a name change on all official military 
documents to B____ S____ D____.

5.  On 30 January 2010, the applicant was honorably discharged.  Item 1 (Name – Last, 
First, Middle) of the applicant's DD Form 214 shows his name as B____ S____ D____.

6.  The applicant provided a Circuit Court of the 13th Judicial Circuit, County, 
 Judgment for Change of Name of Adult Individual, dated 4 February 2019, ordering 
his name change to D____ C____ L____.

7.  He provided his driver's license, dated 8 February 2019, showing his name as 
D____ C____ L____.

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 different 
names in the record and the new first, middle and last names the applicant uses as a 
result of the court order.  The Board majority determined that the name in the 
applicant’s record was not in error and should not be corrected.  One Board member 
recommended relief based on the potential for denial of benefits as a result of the 
applicant’s name change, if not reflected on the DD Form 214. 

2.  After reviewing the application and all supporting documents, the Board majority 
found that relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:X	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:	:X	DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

 The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.



 
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:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It established standardized policy for 
preparation of the DD Form 214.  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.

ABCMR Record of Proceedings (cont)	AR20190005538


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