IN THE CASE OF: BOARD DATE: 28 June 2021 DOCKET NUMBER: AR20210008990 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her current legal name instead of her contested name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online application and signature page * DD Form 214, ending 1 October 2017 * Physician letter, dated 20 July 2018 * Court Order, dated 17 May 2018 * U.S. Passport, issued on 1 August 2018 * Social Security card, issued on 10 September 2018 * Certificate of Birth, issued on 8 November 2018 * License to Carry, issue date unknown * Driver License, issued on 9 December 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 because people on the transgender spectrum face social stigma and discrimination. Issuing a corrected DD Form 214 listing her current name will effectively remedy this injustice. 3. The applicant's DD Form 214 for the period ending on 1 October 2017 shows her contested name in item 1 (Name). 4. The applicant's military record is void of any documents recording her current legal name. 5. The applicant provides a letter from her doctor, dated 20 July 2018, which states she received the appropriate clinical treatment for gender transition to female. 6. On 17 May 2018, a District court ordered the applicant's name changed to her current legal name. 7. The applicant provides the following documentation which lists her current legal name or her current legal name and gender as female: * U.S. Passport, issued on 1 August 2018 * Social Security card, issued on 10 September 2018 * Certificate of Birth, issued on 8 November 2018 * License to Carry, issue date unknown * Driver License, issued on 9 December 2020 8. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 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 NoMbr :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: * Voiding DD Form 214 for the period ending 1 October 2017 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. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-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), 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// ABCMR Record of Proceedings (cont) AR20210008990 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1