ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  14 February 2020

	DOCKET NUMBER:  AR20190007861


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Final Judgment of Change of Name (Adult)
*	Physician's Letter

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 (ABCMR) 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 "B____ A____ N_____, Jr." to "B_____ A______ N_____."  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 shows her name as "N_____, B____ A____ JR" in item 1 Name 
(Last, First, Middle).

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

5.  The applicant provides a Final Judgment of Change of Name (Adult) from the Circuit 
Court that shows her name was legally changed to "B_____ A______ N_____."  

6.  The applicant provides a letter from her physician, whom states the applicant had the 
appropriate clinical treatment for gender transition to female.

7.  The DD Form 214 is a historical document that should reflect the record as it existed 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 reviewing the application and all supporting documents, the Board determined that 
relief was warranted.  Based upon the potential prejudices some transgender Soldiers 
may face when presenting a DD214 with a different name than currently used, the 
Board found there were potential injustices that would provide sufficient reason to grant 
the requested relief.  

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:

     a.  voiding her current DD Form 214 and issuing her a new DD Form 214, 
showing her name as shown on the court-ordered name change.  

     b.  No entries should be made in block 18 of the reissued DD Form 214 listing her 
previous name or indicating 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), 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).

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190007861

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