IN THE CASE OF: BOARD DATE: 3 May 2021 DOCKET NUMBER: AR20200003254 APPLICANT REQUESTS: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her current legal name * omission of her former name in block 18 (Remarks) of the corrected DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Department of Veterans Affairs (VA), Southern Arizona VA Healthcare System Medical Document, 9 December 2019 * County Superior Court Order Changing Name of an Adult, 13 January 2020 * Social Security Card, issued 13 January 2020 * State Driver's License, issued 16 January 2020 * U.S. Passport, issued 14 February 2020 FACTS: 1. The applicant states she is a transgender female. She changed her legal name to align with her gender identity. The appearance of her former name on her DD Form 214 is an injustice, because it reveals her transgender status every time she shows her DD Form 214. Disclosure of her former name discloses her transgender status, which is an injustice due to the social stigma and discrimination that transgender people face. This injustice can be remedied effectively by issuing a corrected DD Form 214 listing her current name. 2. The applicant enlisted in the Regular Army on 1 March 1983. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her former name. 3. The applicant was honorably discharged on 25 June 1990. Block 1 (Name – Last, First, Middle) of her DD Form 214 shows her former name.? 4. The applicant provides a VA medical document from her attending physician, 9 December 2019, noting her clinical treatment for gender transition. 5. The County Superior Court Order Changing Name of an Adult, 13 January 2020, granted her request for a name change to her current legal name effective that date. 6. Her State driver's license and U.S. Passport show her current legal name and her gender as female. She also provided her social security card showing her current name. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. 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 :XXX :XXX :XXX 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: * DD Form 214 for the period ending 25 January 1998, and issuing a new DD Form 214, showing the name as shown on the court-ordered name change, * 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. ADMINISTRATIVE NOTES: 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. REFERENCES: Army Regulation 635-8 (Separation Processing and Documents), 17 September 2019, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. 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. The specific instructions state: a. For block 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. For block 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) is authorized to issue or reissue DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003254 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1