IN THE CASE OF:  

		BOARD DATE:  6 July 2020

		DOCKET NUMBER:  AR20200001567


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge 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
*	Order Changing Name of Adult
*	Identification Card

FACTS:

1.  The applicant states, in effect, she is a transgender woman who changed her legal 
name to align with her gender identity.  Her DD Form 214 records her old name and 
discloses her transgender identity, which places her 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 her current name will effectively remedy this injustice.

2.  The applicant's DD Form 214 for the period 4 May 2006 through 14 December 2006 
shows her contested name in item 1 (Name (Last, First, Middle)).

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

4.  The applicant provides a copy of her State of Texas Identification Card, which lists 
her current legal name.  

5.  On 10 September 2019, a District Court ordered the applicant's legal name change 
to her 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  The DD Form 214 is a historical document that should reflect the record as it existed 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, all supporting documents, and the applicant's 
statement, a majority of the Board found that the applicant's unique circumstances as a 
transgender individual support a recommendation to reissue her DD Form 214 to reflect 
her current legal name.  

2.  The minority member found insufficient evidence of mitigating factors that would 
support changing a DD Form 214 that accurately reflects the data that was available 
when the form was created.  The minority member recommends denying the request.


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 that the evidence presented was sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that the Department of 
the Army records of the individual concerned be corrected by reissuing a DD Form 214 
for the period ending 14 December 2006 with the name in block 1 entered as the name 
shown on the identification card the applicant provides.  No entries should be made in 
block 18 of the reissued DD Form 214 listing his previous name or indicating that 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.  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)	 AR20200001567


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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