IN THE CASE OF:  

		BOARD DATE:  6 July 2020

		DOCKET NUMBER:  AR20200001519


APPLICANT REQUESTS:  correction of his record to show his current legal name and 
to show his gender marker is male.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Orders 12-038-00004, dated 7 February 2012
*	Final Judgment of Change of Name, dated 11 July 2018
*	Physician's Letter, dated 3 December 2018
*	Driver License
*	Social Security Card

FACTS:

1.  The applicant states he believes the record to be in error or unjust due to his legal 
name change and gender reassignment.  

2.  The applicant's DD Form 214 for the period 22 June 2007 through 11 July 2008 
shows the contested name in item 1 (Name (Last, First, Middle)).  This form does not 
identify the applicant's gender.  (Note:  The DD Form 214 does not contain a block/item 
entry to record a Soldier's gender marker.)

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

4.  The applicant provides a copy of his driver license and social security card, which 
lists his current legal name.  He further provides a letter from his physician who states 
the applicant has had appropriate clinical treatment for gender transition to male.

5.  On 11 July 2018, a Circuit Court ordered the applicant's legal name change to his 
current 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  The DD Form 214 is a historical document that should reflect the record as it existed 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:

1.  After reviewing the application and all supporting documents, a majority of the Board 
found no error or injustice in the name recorded on the applicant's DD Form 214.  A 
majority of the Board agreed that the applicant provided insufficient evidence of 
mitigating circumstances that would support changing a DD Form 214 that accurately 
reflects the data that was available when the form was created.  

2.  The minority member determined the evidence supports granting relief, considering 
the unique circumstances of transgender individuals.  The minority member further 
found that any relief granted should extend only to changing the name on the 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 evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

		  
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.  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.
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.  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)	 AR20200001519


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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