ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 July 2020

	DOCKET NUMBER:  AR20200000631


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Discharge or 
Release from Active Duty) to show her 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
*	Final Decree for Change of Name (Adult or Minor), dated 1 March2017
*	Social Security Administration documents (2)
*	State and government issued identification

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 female who changed her legal 
name to align with her gender identity.  Her DD Form 214 records her previous 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 record contains a DD Form 214 for the period ending on 
27 December 1991, which shows the contested name in item 1 (Name).

4.  The applicant's military record is void of any documents recording her current legal 
name.  All of her military records show the contested name.

5.  On 1 March 2017, a Court ordered the applicant's legal name changed to her current 
legal name.

6.  The applicant provides a Social Security Administration card and state-issued Driver 
License, which lists her current legal name.  Her gender is shown as female on her 
driver's license.

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  The DD Form 214 is a historical document that should reflect the record as it existed 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 reviewing the application and all supporting documents, the Board determined that 
relief was warranted.  Based upon the potential prejudices some transgender Soldiers 
may face when presenting a DD214 with a different name than currently used, the 
Board found there were potential injustices that would provide sufficient reason to grant 
the requested relief.  

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:

     a.  voiding DD Form 214 for the period ending 27 December 1991, and issuing a 
new DD Form 214, showing the name as shown on the court-ordered name change.  

     b.  No entries should be made in block 18 of the reissued DD Form 214 listing a 
previous name or indicating 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)	 AR20200000631

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