IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20220005475 APPLICANT REQUESTS: * Correction of her military records, to include her DD Form 214 (Certificate of Release or Discharge from Active Duty) and General Court-Martial Order, to show her current legal name instead of her contested name * correction of her DD Form 214 to show her home mailing address after separation to the requested address APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 28 February 2022 * DD Form 214, 24 January 2014 (Member-1 Copy) * Final Judgement, Superior Court of (State), 11 December 2020 FACTS: 1. The applicant states she is a transgender woman who changed her legal name to align with her gender identity. All her records, including her DD Form 214 and General Court-Martial orders record her old name and disclose her transgender identity, which places her at a disadvantage. This is an injustice because people on the transgender spectrum, whether it is fully identifying as the sex that is opposite from what they were assigned at birth or as a non-binary transgender people, face social stigma and discrimination. Issuing corrected records listing her current name will effectively remedy this injustice. a. All her records, including her court-martial order should be updated to show her new name. Her new name will be on the sex-offender register and she wants to avoid confusion over her judgements. b. The home address on her DD Form 214 should be corrected to her requested address. 2. The applicant provided sufficient evidence to support a portion of the requested relief. As a result, her DD Form 214 will be corrected to reflect her new name. 3. The Board will consider her request to correct block 7b (Home of Record) of her DD Form 214 and the remainder of her military records, including her General Court- Martial orders, to reflect her current legal name. 4. On 8 February 2006, she enlisted in the Regular Army for a period of 5 years and 19 weeks. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States). 5. On 9 January 2014, Headquarters (HQ), U.S. Army Fires Center of Excellence and Fort Sill, Fort Sill, issued General Court-Martial Order Number 16, dishonorably discharging her. GCMO Number 16 shows the contested name. 6. On 22 January 2014, HQ, U.S. Army Installation Management Command, HQ, U.S. Army Garrison, Fort Sill issued orders reassigning her to U.S. Army transition point for processing. 7. On 24 January 2014, she was discharged. Her DD Form 214 shows the contested address in item 19a (Mailing Address After Separation). 8. All of the documents in her military record reflect the contested name. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board concurred with the correction described in Administrative Note(s) below. 3. While the applicant’s DD Form 214 will be reissued to reflect her current name, the Board found no basis for correcting her court-martial order to also reflect her current name. The Board found this record of a conviction under a previous name should be maintained in its current state in the interest of maintaining accuracy in records related to criminal conduct. 4. The Board further found no basis for changing a home address on a DD Form 214. The home address listed on the form is provided by the Soldier at the time of separation, and changes to home address after separation do not retroactively create an error on the DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the correction described in Administrative Note(s) below. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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): Issue the applicant a new DD Form 214 reflecting the applicant's new name as listed on her court order. Do not make any entry on the new DD Form 214 to indicate reissuance of the form or to note the applicant's name changed. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time, provides for the preparation and distribution of the DD Form 214. This regulation stated items 19a (Mailing Address After Separation) and 19b (Nearest Relative) will be provided by the Soldier, and provided the following instructions: a. This address must be a permanent address. Civilian penal institutions will not be accepted. b. Advise a Soldier that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend. When the person is at the same address as 19a, enter "(NAME) and ADDRESS SAME AS BLOCK 19a." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005475 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1