IN THE CASE OF:  

		BOARD DATE:  7 July 2021

		DOCKET NUMBER:  AR20210009116


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:

*	DD Form 149 (Application for Correction of Military Record)
*	Court Order, dated 19 March 2021

FACTS:

1.  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.

2.  The applicant's DD Form 214 for the period ending on 18 November 2011, records 
the contested name in item 1 (Name).

3.  The applicant's military record is void of any documents recording her current legal 
name.  

4.  The applicant provides a Court Order, dated 19 March 20XX, which changed her 
contested name to her current legal name.  

5.  The DD Form 214 is a historical document that should reflect the record as it existed 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 found 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. With the 
circumstances discussed in this case, the Board agreed it is equitable to reflect the 
name change in the official record.  Therefore relief was granted.


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 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:

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)	 AR20210009116


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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