IN THE CASE OF:  

		BOARD DATE:  10 July 2020

		DOCKET NUMBER:  AR20190012836


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), to show his current legal name instead of the contested 
name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Decree Changing Name, dated 28 March 2002
*	Decree Changing Name, dated 27 June 2007
*	Physician Letter, dated 7 March 2008
*	Certification of Birth
*	Redacted Example of a Previous ABCMR Case, dated 5 January 2015

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in section 1552(b); however, the 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, he is a transgender man who changed his legal name 
from "contested name" to a different name on 28 March 2002 and from "the different 
name" to "his current legal name" on 27 June 2007.  His DD Form 214 records his old 
name and discloses his transgender identity, which places him at a disadvantage.  This 
is an injustice because people on the transgender spectrum, whether it's fully identifying 
as the sex that is opposite from what they were assigned at birth or as a non-binary 
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 DD Form 214 for the period 9 May 1989 through 31 January 1990 
shows his name as "the contested name" in item 1 (Name (Last, First, Middle)).

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

5.  The applicant provides a letter from his physician dated 7 March 2008, which notes 
the applicant has fully transitioned to male according to the Standards of Care of the 
World Professional Association for Transgendered Health.

6.  On 27 June 2007, the Superior Court of California, County of Sacramento, ordered 
the applicant's legal name change to "his current legal name."

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  The DD Form 214 is a historical document that should reflect the record as it existed 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


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	           :	:	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 applicant's 
DD Form 214 with the following amendment:

     a.  The applicant's legal name, as recorded on his Decree Changing Name, dated 27 
June 2007, will be entered in item 1, and

     b.  No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that 
list a previous name or that indicate 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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  The University of Nebraska Omaha website provides a listing of "Queer and Trans 
Spectrum Definitions," which includes:

     a.  Gender Identity:  One's internal sense of being male, female, neither of these, 
both, or other gender(s).  Everyone has a gender identity.  For transgender people, their 
sex assigned at birth and their gender identity are not necessarily the same.

     b.  Non-Binary:  Preferred umbrella term for all genders other than female/male or 
woman/man, used as an adjective.  Not all non-binary people identify as transgender 
and not all transgender people identify as non-binary. 

     c.  Trans Woman/Trans Man:  Trans woman generally describes someone assigned 
male at birth who identifies as a woman or who was assigned female at birth who 
identifies as a man. 

     d.  Transgender or trans spectrum:  An umbrella term for people whose gender 
identity differs from the sex they were assigned at birth.  The term transgender is not 
indicative of gender expression, sexual orientation, hormonal makeup, physical 
anatomy, or how one is perceived in daily life.  Note that transgender does not have an  
"ed" at the end.
3.  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 (Name (Last, First, Middle)) - 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.  Item 18 - 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)	 AR20190012836


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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