ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2021 DOCKET NUMBER: AR20210011314 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his current legal name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Judgment Entry – Change of Name of Adult * Social Security Card FACTS: 1. The applicant states, in effect, he is a transgender man who changed his name in 2020 to align his name with his gender identity. The appearance of his old name on his DD Form 214 is an injustice because it discloses his transgender status every time he shows his documents. Issuing a corrected DD Form 214 listing his current name will effectively remedy this injustice. 2. The applicant's DD Form 214 for the period 15 November 2006 through 10 January 2009 shows his contested name in item 1 (NAME (Last, First, Middle)). 3. The applicant's military record is void of any documents recording his current legal name. 4. The applicant provides a copy of his social security card which lists his current legal name. 5. On 14 April 2020, a Probate Court ordered the applicant's name changed to his current legal name, effective 14 April 2020. 6. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.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 compelling as a basis for relief in this case. The Board determined the applicant's DD Form 214 should be reissued to show his current legal name. 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 his DD Form 214 with his legal name, as recorded on the court ordered name change document, entered in item 1. No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name or that indicate the DD Form 214 was administratively reissued. 12/2/2021 X CHAIRPERSON 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. Block 1 (NAME (Last, First, Middle)) - 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. Block 18 - 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), Army Review Boards Agency, 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//