ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190011583


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) for the period ending 15 March 1998 to show 
her current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Circuit Court of the Final Judgement of Change of Name, dated 20 March 2019
*	Driver License
*	Social Security Card
*	Department of Veterans Affairs (VA) Identification (ID) Card
*	State of, Bureau of Vital Statistics, Certification of Birth
*	DD Form 214
*	, dated 1 February 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, she is a transgender woman who legally changed her 
name on 20 March 2019 from Her DD Form 214 records show 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.  The applicant’s DD Form 214 for the period ending 15 March 1998 shows her name 
as in item 1 NAME (Last, First, Middle).  The applicant's military record is void of any 
documents recording her current legal name.  

4.  The applicant provides a letter from the Hospital that states, “Veteran is undergoing 
appropriate clinical treatment for gender transition to female and wishes to be identified 
as such going forward including being referred to as 

5.  The applicant also provides the following documents:

*	a letter, Final Judgment of Change of Name that shows her name was legally 
changed to on 20 March 2019
*	her driver license that reflects her name as and her gender as female
*	her social security card, VA ID card, and birth certificate that reflect her name as 

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  The DD Form 214 is a historical document that should reflect the record as it existed 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

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s request, her record of 
service, the name appearing in those records, the court ordered name change, a letter 
from the Veteran’s hospital, her Social Security Card, VA ID card, driver’s license and 
birth certificate.  The Board considered the unique circumstances of transgender 
individuals who may be subject to delay or denial of benefits when required to present a 
DD Form 214 as proof of military service.  Based on a preponderance of evidence, and 
to prevent a potential future injustice, the Board determined that a change to the 
applicant’s records was appropriate. 
2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.  











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) for the period ending 15 
March 1998 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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), prescribes the transition 
processing function of the military personnel system, including preparation of the 
DD Form 214.  

	a.  The instructions for the DD Form 214, item 1 states to review and compare the 
official record with the original enlistment contract or appointment order for possible 
name changes.  If a name change has occurred, list other names of record in block 
18 (Remarks).

     b.  Item 1 – 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 (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)	AR20190011583

4

1