ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE: 17 August 2021

		DOCKET NUMBER: AR20210006092


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) 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)
*	State Superior Court Decree Changing Name and Order Recognizing Change of 
Gender and for Issuance of New Birth Certificate, 17 March 2020
*	State Driver's Licenses, 1 August 2018 and 9 November 2020

FACTS:

1.  The applicant states she legally changed her name in March 2020. She is in hiding 
and changed her name.

2.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of 
the United States), 6 April 2000, shows she enlisted in the Regular Army under the 
name of 

3.  On 1 June 2011, she submitted DA Form 4187-E (Personnel Action), requesting a 
name change to due to marriage.

4.  On 15 August 2003, she was honorably discharged by reason of disability with 
severance pay. She completed 3 years, 4 months, and 10 days of net active service 
during this period. Block 1 (Name (Last, First, Middle)) of her DD Form 214 shows her 
name as 

5.  Her driver's license, 1 August 2018, shows her name as  and her gender as female.

6.  State Superior Court Decree Changing Name and Order Recognizing Change of 
Gender and for Issuance of New Birth Certificate, 17 March 2020, granted her petition 
to change her name change from State Superior Court Decree Changing Name and 
Order Recognizing Change of Gender and for Issuance of New Birth Certificate, 
17 March 2020 to The court further ordered amendment of her gender to non-binary.

7.  The applicant's birth certificate is not available for review.

8.  Her driver's license, 11 November 2020, shows her name as and her gender as 
female.

BOARD DISCUSSION:

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

: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.  voiding DD Form 214 for the period ending 15 August 2003, and issuing a new 
DD Form 214, showing the name as shown on the court-ordered name change.  

     b.  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.

REFERENCES:

Army Regulation 635-5 (Personnel Separations), effective 30 September 2000, 
prescribed the separation documents that must be prepared for Soldiers on retirement, 
discharge, release from active duty service, or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214.

	a.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty. It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.

	b.  Source documents for preparation of the DD Form 214 included the Enlisted 
Record Brief, separation approval authority documentation (if applicable), separation 
orders, and any other document authorized for filing in the Official Military Personnel 
File.

	c.  The specific instructions for block 1 stated to enter the name in all capitals, 
include "SR," "JR," or "II," if appropriate. Compare the Enlisted Record Brief to 
enlistment contract for possible name change.

	d.  For block 18 (Remarks), when a DD Form 214 is administratively issued/ 
reissued, enter (on all copies) "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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210006092


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