ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  5 October 2020 DOCKET NUMBER:  AR20190009715 


APPLICANT REQUESTS:  correction of her military service records and her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her current legal name.  She also requests that her gender marker be corrected to female. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Social security card, dated 22 September 2017

.Medical advisor letter certifying applicant’s gender change, dated 23 December2016

.Order for Name Change, issued by State of Circuit Court County on

.DD Form 214 for period ending 14 April 2010



FACTS: 









1.The applicant states she has legally changed her name and gender.  She is female, and she has legally changed her name.2.The applicant's record contains a DD Form 214 for the period ending on14 April 2010, which show "G, " in item 1.  This form does not contain a block for recording a gender marker.  Additionally, her military record is void of any documents recording her current legal name.  All of her military records show the name "G, "3.On , the State of Circuit Court County ordered the applicant's legal name change to "G, ."4.The applicant provided a social security card with her new legal name.  She also provided a letter from her physician, dated 23 December 2016, which confirms that she has had the appropriate clinical treatments for gender transition to the female gender.5.The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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.  The DD Form 214 does not include a block indicating a Soldier's gender.   


BOARD DISCUSSION: 

1.The Board agreed that the unique circumstances of transgender individuals and thepossibility of denial or delay of receipt of benefits form a basis in equity for granting theapplicant's request to change the name recorded on her DD Form 214.  The Boarddetermined the applicant's DD Form 214 should be reissued to show the name she nowuses.

2.The Board noted that the DD Form 214 does not indicate a Soldier's gender, and theBoard agreed that any other documents in her record showing her gender should reflectthe facts as they existed during her period of service.  The Board determined there isinsufficient evidence to support a recommendation to change the gender marker in herrecords.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : GRANT FULL RELIEF 

: : GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: :: : : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by reissuingher DD Form 214 with the name in item 1 (Name) entered as the name shown on theapplicant’s social security card.  No entries should be made in item 18 (Remarks) of thereissued DD Form 214 listing a previous name or indicating that the DD Form 214 wasadministratively reissued.  This recommended relief is limited to the DD Form 214 inquestion and does not extend to any other documents in the applicant's Army records ofthe individual concerned.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to changing the applicant's gender marker in her militaryservice record.

X 

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 militaryrecords 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 oflimitations 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, includingpreparation of the DD Form 214.

a.The DD Form 214 is a summary of the Soldier’s most recent period of continuousactive 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 appointmentorder 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 orreissued, 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)), ArmyReview 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\\