IN THE CASE OF:  

		BOARD DATE:  28 January 2021

		DOCKET NUMBER:  AR20210005312


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty), for the period ending 10 December 2001, to 
show her current legal name. 

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)
*	Circuit Court Final Judgement Of Change of Name (Adult), 30 January 2018
*	Social Security Card issued 1 November 2019
*	Driver License issued 8 February 2020

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Record (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 she was unaware that this process was possible. She changed 
her gender to female. Therefore, she petitions to have her new name reflected on her 
DD Form 214. 

3.  The applicant enlisted in the Regular Army on 10 December 2001. Her DD Form 4 
(Enlistment/Reenlistment Agreement – Armed Forces of the United States) shows her 
former name.

4.  The applicant was discharged on 10 December 2001. Block 1 (Name – Last, First, 
Middle) of her DD Form 214 shows her former name.

5.  The Circuit Court Final Judgement of Change of Name (Adult), 30 January 2018, 
granted her request for a name change to her current legal name effective that date.

6.  Her social security card shows her current legal name and her driver's license shows 
her current legal name and her gender as female.

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  The DD Form 214 is a historical document that should reflect the record as it existed 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:

1.  After reviewing the application and all supporting documents, the Board found relief 
is warranted.

2.  The Board found the unique circumstances of transgender individuals sufficient to 
support a recommendation for relief in this case.  The Board determined the applicant's 
DD Form 214 should be reissued to show her current name.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	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 the DD Form 
214 for the period ending 10 December 2001 with the name in item 1 (Name) entered 
as the name shown on the applicant’s Circuit Court Final Judgement of Change of 
Name (Adult), 30 January 2018.  No entries should be made in item 18 (Remarks) of 
the reissued DD Form 214 listing a previous name or indicating that the DD Form 214 
was administratively reissued.  This recommended relief is limited to the DD Form 214 
in question and does not extend to any other documents in the Army 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.  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 ABCMR determines it 
would be in the interest of justice to do so.

2.  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)	 AR20210005312


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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