ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 October 2019

	DOCKET NUMBER:  AR20190010593


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active duty) for the period ending on 29 August 1994 to 
show his current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Decree Changing Name and Gender, issued by Superior Court of  
County , issued 3 November 2005
*	United States Passport, issued 7 October 2016
*	Driver’s License, issued 3 July 2019

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 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, he is a transgender male who changed his legal name 
to align with his gender identity.  His DD Form 214 records his previous name and 
discloses his transgender identity, which places him at a disadvantage.  This is an 
injustice because transgender people face social stigma and discrimination.  Issuing a 
corrected DD Form 214 listing his current name will effectively remedy this injustice.

3.  The applicant's record contains a DD Form 214 for the period ending on 29 August 
1994, which show "P, X X" in item 1.

4.  The applicant's military record is void of any documents recording his current legal 
name.  All of his military records show the name "P, X X."

5.  On 3 November 2005, The Superior Court of California, County of Los Angeles 
ordered the applicant's legal name change to "P, X X" and his gender marker changed 
to male.  Additionally, the applicant provided a Massachusetts Driver’s License and U.S. 
Passport with his new legal name. 

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  The DD Form 214 is a historical document that should reflect the record as it existed 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

:XX	:XX	:XX	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 his 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 Army Board for Correction of Military Records 
(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.  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)	 AR20190010593

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