ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 July 2020 DOCKET NUMBER: AR20200003983 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1988, 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 * Birth Certificate, issued on 5 December 2018 * Driver License, issued on 13 December 2018 * Social Security Card, issued on 8 February 2019 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, 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 transgender people face social stigma and discrimination. Issuing a corrected DD Form 214 listing her current name will effectively remedy this injustice. 3. Item 1 (Name) of the applicant's DD Form 214 for the period 16 May 1978 through 31 October 1988 lists the contested name. 4. The Army Human Resources Command Soldier Management System records the contested name and shows the applicant's gender marker as male. 5. The applicant provides the following documents: * a State issued Certificate of Live Birth, issued on 5 December 2018, which records her current legal name and her gender marker as female * a State issued Driver License, issued on 13 December 2018, which records her current legal name and her gender marker as female * Social Security card, issued on 8 February 2019, which records 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 The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and official documentation were carefully considered. Due to the unique circumstances of transgender personnel, evidence of record indicates her name change should be reflected on her DD Form 214. With the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record. 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. reissuing the applicant a new DD Form 214, for the period ending 31 October 1988, with the name in item 1 entered as it is shown on the applicant's State issued Certificate of Live Birth, issued on 5 December 2018; and b. no entries should be made in item 18 of the reissued DD Form 214 listing the applicant's previous name or indicating that the DD Form 214 were administratively reissued. X CHAIRPERSON 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. 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) - 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). c. 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//