IN THE CASE OF: BOARD DATE: 29 July 2022 DOCKET NUMBER: AR20210016129 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to in effect, reflect her name as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, covering the period ending 3 August 1976 * Court Order, 14 March 1994 * Court Order, 1 December 2015 * two birth certificates * numerous bills, bank statements, jury summons, and licenses FACTS: 1. The applicant did not file within the 3-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: a. She is requesting to change her name on her DD Form 214. Her maiden name at the time of her service was so, if possible, she would like the change to read b. She served as a male during the time she was in the Regular Army and the Army National Guard (ARNG). Now, every time she has to produce her DD Form 214 for tax credits, getting a special military discount, or any other time, is shows a name she no longer uses or lives by. Therefore, to limit both confusion and embarrassment, she is making the request to change her name to on her DD Form 214. c. For the sake of clarity for the Board, it is presumed the applicant intended to insert a comma after the to indicate she would like her DD Form 214 to read 3. The applicant enlisted in the Regular Army on 14 July 1971 after 1 year, 18 months and 26 days of prior active service. Her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows her name at the time of her 14 July 1971 enlistment to be 4. The following documents in the applicant’s service records all reflect her name at the time of her service as * DA Form 20 (Enlisted Qualification Record) * DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450) 5. The applicant was honorably discharged on 3 August 1976, after 6 years, 11 months, and 16 days total active service. Her DD Form 214 shows reflects her name as 6. There are no available service records reflecting the applicant’s name as 7. The applicant provided a copy of a court order, dated 14 March 1994, legally changing her name from 8. The applicant also provided a corresponding birth certificate, issued on 11 December 1996, reflecting her changed middle name and her sex as female. 9. The applicant provided a copy of a second court order, dated 1 December 2015, legally changing her name from 10. The applicant also provided a second birth certificate, issued on 28 June 2017, which reflects her name as does not entirely correspond to her most recent name changing court order of 1 December 2015. 11. The applicant provided the following documents, all of which reflect her name as where no middle name is indicated: * driver’s license, dated 6 December 2017 * Juror Contact Information, dated 9 July 2021 * electric bill, dated 13 July 2021 * water bill, dated 30 July 2021 * mortgage statement, dated 12 August 2021 * bank statement, dated August 2021 * Jury Summons, dated 18 August 2021 * DD Form 149, dated 28 August 2021 * State Board of Private Investigator Examiner’s license, dated 27 July 2022 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 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: a. voiding DD Form 214 for the period ending 3 August 1976, and issuing a new DD Form 214, showing the name as shown on the court-ordered name change and new birth certificate. b. 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 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. The Merriam-Webster Medical Dictionary defines transgender as an adjective meaning of, relating to, or being a person who identifies with or expresses a gender identity that differs from the one which corresponds to the person's sex at birth. 3. 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 (Certificate of Release or Discharge from Active Duty). 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. a. The instructions for block 1 state to review and compare the official record with the original enlistment contract or appointment order for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). b. The instructions for block 18 state, in part, 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. At the direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances, 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). 4. Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum (Administrative Name Changes to DD Form 214 – Certificate of Release or Discharge from Active Duty – Initiative), dated 3 February 2022, established a more efficient and effective process to expedite requests for administrative name changes on DD Forms 214 pursuant to a court order. Administrative name changes to DD Forms 214 that are pursuant to a court order will be completed upon request. Requests for administrative name changes to DD Forms 214 pursuant to a court order must be accompanied by a copy of such court order. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016129 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1