IN THE CASE OF: BOARD DATE: 20 April 2021 DOCKET NUMBER: AR20210006239 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his current legal name * omission of his 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) * DD Form 214 for the period ending 9 February 1990 * Certification of Birth, 22 October 1986 * The Trial Court, Probate and Family Court Department - Change of Name(s), 25 October 1994 * Certificate of Birth, 29 August 2008 * Driver's License 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 Corrections of Military Records (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 he is a transgender male. He changed his legal name to align with his gender identity. The appearance of his former name on his DD Form 214 is an injustice because it reveals his transgender status every time he shows his DD Form 214. Disclosure of his former name discloses his 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 his current name. 3. The applicant enlisted in the Regular Army on 10 February 1987. Block 1 (Name - Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his former name. 4. The applicant was honorably released from active duty on 9 February 1990. Block 1 of his DD Form 214 shows his former name. 5. The Trial Court, Probate and Family Court Department - Change of Name(s), granted his request for a name change to his current legal name effective 25 October 1994. 6. The applicant provides: a. a copy of his original certification of birth that shows his former name and gender; and b. a copy of a certificate of birth, issued 29 August 2008, and his driver's license both showing his current legal name and his gender as male. 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 The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 that relief was warranted. 2. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, record of service and reason for separation. The Board considered the applicant provided court-ordered name change, certificate of birth and driver’s license. The Board considered that 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 and that 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. Based on a preponderance of evidence, and in order to prevent a potential injustice, the Board determined that the applicant’s DD Form 214 should be changed to reflect a new name. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) with the following amendments: a. The applicant's legal name, as recorded on the court ordered name change document, will be entered in item 1 (Name), and b. No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name or that indicates 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. 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 Army Board for Correction of Military Records (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) AR20210006239 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1