ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 18 October 2021 
DOCKET NUMBER: AR20210014037

APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show her current legal name instead of the 
contested name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	General Judgment of Legal Name Change and Change of Sex
*	United States of America Passport
   *	U.S. Department of Veterans Affairs Identification Card 
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 Correction 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, in effect, she is a transgender woman who changed her name 
in 2016, to align her name with her gender identity. The appearance of her old name on 
her DD Form 214 is an injustice because it discloses her transgender status every time 
she shows her documents. 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 24 September 2003 through 3 December 
2009 shows her contested name in item 1 (NAME (Last, First, Middle)).

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

5.	The applicant provides a copy of her United States of America Passport which lists 
her current legal name and gender as female.




6.	On 23 March 2016, a Circuit Court ordered the applicant's legal name changed to 
her current legal name, effective 23 March 2016.

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	The DD Form 214 is a historical document that should reflect the record as it existed 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:

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 DD Form 214 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:

*	voiding DD Form 214 for the period ending 3 December 2009, 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, 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 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), 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//