ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  21 September 2020

		DOCKET NUMBER:  AR20190006440


APPLICANT REQUESTS:  correction of her military records to show her current legal 
name and gender.

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)
*	Order for Change of Name, District Court, dated 
*	State Driver's License, issued 
*	State Certificate of Live Birth, issued 

REFERENCES:

Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and 
procedural guidance relating to transition management.  It establishes standardized 
policy for preparation of the DD Form 214 (Report of Separation from Active Duty).  The 
DD Form 214 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.  Paragraph 8-1 states the Army Board for Correction of Military Records or 
Army Discharge Review Board may direct reissuance of DD Forms 214 and 
DD Forms 215 when appropriate.

FACTS:

1.  The applicant states she legally changed her name to R____ V____ B____ and her 
gender from male to female on her birth certificate after her discharge.

2.  The applicant was honorably discharged from the Regular Army on 9 October 1975.  
Item 1 (Last Name – First Name – Middle Name) of her DD Form 214 shows her name 
as S____, V____ R____.  Item 2 (Sex) of this form shows her gender as male.

3.  The District Court Order for Change of Name, dated, shows the applicant's name 
was legally changed to R____ V____ B____.

4.  The State Certificate of Live Birth, issued, shows the applicant's gender as female.

5.  The applicant's State Driver's License, issued , shows her gender as female.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions and official documentation were 
carefully considered.  Due to the unique circumstances of transgender personnel, 
evidence of record indicates his name change should be reflected on his DD Form 214.  
With the circumstances discussed in this case, the Board agreed it is equitable to reflect 
the name change in the official record.
?
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, 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 NOTES:  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20190006440


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