ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 November 2019 DOCKET NUMBER: AR20190012245 APPLICANT REQUESTS: correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 27 March 1972, to show her current legal name as instead of " APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214, dated 31 May 1991 • decree changing name, County of • Centralized Intake Coversheet, dated 1 July 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 and her name was changed to align with her gender identity in 2017, which is evidenced in the name change court order submitted with her application to the Board. She contends the appearance of her old name on her DD Form 214 is an injustice because it discloses her transgender status every time the form is shown. The injustice she believes can be remedied effectively by issuing a corrected DD Form 214 which list her current legal name. 3. The applicant's DD Form 214, item 1 (Name), for the period 21 September 1970 to 27 March 1972 and all the documents in her record show her name as "." The following document(s) of record show her name as :" • DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 24 March 1975 • DA Form 2A (Personnel Qualification Record), dated 25 January 1991 • DD Form 1172 (Application for Uniformed Services Identification Card – DEERS Enrollment), dated 27 April 1990 5. On 31 May 1991, the applicant was honorably retired from active duty andtransferred to United States Army Reserve Control Group (Retired), Army Reserve Personnel Center. Her DD Form 214 for retirement and military record is void of any documents which list her current legal name ." 6. The applicant provides a court order, dated 14 December 2017, which shows her name was ordered to be changed to ." She does not provide any medical documentation. 7. The DD Form 214 is a historical document that should reflect the record as it existedat the time the DD Form 214 was created.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. 8. 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. The regulation directs 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. 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 :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), effective 31 May 1991, with the following amendments: a. The applicant's legal name, as recorded on the court ordered name changedocument, 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 aprevious name or that indicates the DD Form 214 was administratively reissued. 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 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. 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 block 18 (Remarks). b. 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. c. 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). 3. Army Regulation 15-185 sets forth policy and procedures followed by the Board. The regulation provides before the ABCMR can act on a request it must have sufficient evidence in the form of documentation of the existence of an error or an injustice before recommending to the Secretary of the Army that he take corrective action in any case. In the absence of such evidence, there is a rebuttable presumption that what the Army did was correct. The burden of proving otherwise therefore rests with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012245 ABCMR Record of Proceedings (cont) AR20190012245 1 4 1