IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210016786 APPLICANT REQUESTS: The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her current legal name APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Corrections of Military Record) * Driver's License * Statement in Support of Claim * Official Name Change * Letter from the Department of Veteran Affairs (VA) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code, 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: a. She had her name changed as well as a physical/legal gender change. b. She's now a female, born male. She needs her name and gender changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the changes. c. She served honorably, when she was in the Army up to the point of when she was medically discharged with a service connected disability and she deserved to have her name and gender changed without causing her additional stress and anxiety. Her social security and drivers licenses have already been officially changed. d. With the mental health disabilities she has of the dissociative identity disorder, anxiety, depression, and post-traumatic stress disorder (PTSD) originating from the military. She's found reluctance in dealing with the military in this regard. 2. The applicant provides the following documents for the Board's consideration: a. An updated driver's license which reflects her name change. b. A VA document entitled Statement in Support of Claim, which states in effect: (1) She was furnishing the VA with her drivers license, her service connected benefit letter from the VA, her Howard County Clerk name change paperwork, and her previous DD Form 214 as further support of evidence. The VA changed her name in the system in 2014. (2) She was requesting the Army Review Board's Agency note her honorable service and that her request to change her DD Form 214 to reflect her current and correct name change and gender change, which would support her as a whole encompassing individual with consistent identification. c. A document, which was an order for change of name. d. A letter from the VA, dated 26 April 2021, which shows the applicant was honorably discharged from the Army for her service from 25 August 2005 to 2 October 2006. The letter shows she received 20 percent service connected disability effective 1 December 2020. 3. On 11 February 2005, the applicant enlisted in the US Army Reserve (USAR) Delayed Entry Program (DEP) in her given male name for a period of 8 years. On 25 August 2005, the applicant was discharged from the USAR DEP and entered Active Duty for a period of 5 years. 4. As part of her enlistment the applicant had to provide her social security card and certificate of live birth, which shows her given name. 5. On 2 October 2006, the applicant was honorably discharged from the Army in her given male name. She had completed 1 year, 1 month, and 8 days of active service. She was discharged for disability with severance pay. 6. In the past, the Army Board for Correction of Military Records has denied similar applications on the basis that 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. The underlying reasoning has been that a post-service name change does not retroactively create an error on the DD Form 214. This is still true; 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. 7. Considering the unique circumstances of transgender personnel, the Board may recommend issuing the applicant a new DD Form 214, for the period ending 2 October 2006, under the name granted to her on 10 March 2014. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board agreed due to the unique circumstances of transgender personnel, the evidence provided indicates the applicant’s name change should be reflected on the DD Form 214. With the circumstances discussed in this case, the Board agreed it is equitable to reflect the name change in the official record. This recommended relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's Army records of the individual concerned. Based on this, the Board granted 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: a. voiding her current DD Form 214 and issuing her a new DD Form 214, showing her name as shown on the court-ordered name change. b. No entries should be made in block 18 of the reissued DD Form 214 listing her 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES 1. Title 10, U.S. 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. 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. It provides, in pertinent part, that the DD Form 214 is a summary of a 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. For block 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). b. For block 18 (Remarks), 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. Based on the recommendation of the ABCMR or the 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 the DD Form 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 issuing a DD Form 215 (Correction to DD Form 214). /// NOTHING FOLLOWS/// ABCMR Record of Proceedings (cont) AR20210016786 1 ABCMR Record of Proceedings (cont) AR20210016786