IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220007589 APPLICANT REQUESTS: correction of her DD Form 214 (Report of Separation from Active Duty) to show the name she currently uses. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Plastic Surgery Clinic Certificate of Post-operative Surgery, 9 November 2010 * Driver's Licenses, 3 May 1988, 2 January 1990, and 2 February 2022 FACTS: 1. The applicant states she had gender reassignment surgery from male to female as of 20 October 2010. Her DD Form 214 no longer matches her current identification. All of her present identification reflects her as a woman and shows her name as 2. The applicant enlisted in the Regular Army on 15 February 1974 for a period of 2 years. Item 5 (Last Name – First Name – Middle Name) of her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows her name as 3. Headquarters Company, 5th Battalion (Combat Support), 4th Advanced Individual Training Brigade (Engineer), U.S. Army Training Center Engineer, Fort Leonard Wood, MO, memorandum (Discharge from the U.S. Army), 28 February 1975, notified the applicant of initiation of action to discharge her from the U.S. Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-37 (Discharge for Failure to Demonstrate Promotion Potential), and recommended issuance of an Honorable Discharge Certificate. The reasons for the commander's proposed action were the applicant's lack of motivation and character/ behavior disorder. The company commander noted the applicant was referred to the Mental Hygiene Clinic for therapy for a sexual fetish on 4 December 1974. Since that time, the applicant made regular visits to the Mental Hygiene Clinic, which resulted in a recommendation for discharge. 4. On 21 March 1975, the brigade commander approved the applicant's discharge by reason of "Failure to meet acceptable standards for continued military service" and directed issuance of an Honorable Discharge Certificate. 5. A review of the applicant's military records shows she served under the name throughout her entire period of active duty service. 6. The applicant was honorably discharged on 31 March 1975. The DD Form 214 shows in: * item 1 (Last Name – First Name – Middle Name) – * item 9c (Authority and Reason) – Army Regulation 635-200, paragraph 5-37, Separation Program Designator KNM (Army Expeditious Discharge) * item 18a (Net Active Service This Period) – 1 year, 1 month, and 16 days 7. The Plastic Surgery Clinic Certificate of Post-operative Surgery, 9 November 2010, certified that had male-to-female sex reassignment surgery in Thailand, during a 10-day period from 1 November 2010 through 10 November 2010. After this surgery, all the external male genitalia were removed and she now has external female genitalia. 8. The applicant's driver's licenses issued on 3 May 1988, 2 January 1990, and 2 February 2022 show her name as 9. The applicant did not provide court orders for change of name and stated she does not have court orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not 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. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during her entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The applicant provided no court order to show she had legally changed her name. Based on this the Board determined relief was not warranted and denied relief. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and to satisfy her desire to have her legal name documented in her military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR). The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 6 August 1974, provided the authority and general provisions governing the separation of enlisted personnel prior to expiration term of service. Paragraph 5-37 (Discharge for Failure to Demonstrate Promotion Potential) stated personnel whose performance of duty, acceptability for the service, and potential for continued effective service fall below the standards required for enlisted personnel in the U.S. Army may be discharged. 3. Army Regulation 635-5 (Separation Documents), 20 August 1973, prescribed the separation documents that were furnished individuals who are retired, discharged, or released from active military service. Separation documents provide the recipients with a record of their military service, the Army with a source of information for administrative purposes, and other governmental agencies with an authoritative source of information for administering Federal and State laws pertaining to veterans. 4. Department of Defense (DOD) Instruction 1336.01 (Certificate of Uniformed Service (DD Form 214/5 Series), 17 February 2022, reissues and cancels DOD Instruction 1336.01, 20 August 2009; establishes policy; assigns responsibilities; and prescribes procedures for preparation and distribution of the revised DD Form 214/5 Series and for control and publication of separation program designator codes. 5. The Department of the Army Office of the Assistant Secretary for Manpower and Reserve Affairs memorandum (Administrative Name Change to DD Form 214 – Certificate of Release or Discharge from Active Duty – Initiative), 23 February 2022, references DOD Instruction 1336.01, 20 August 2009. The memorandum announced implementation of an initial, temporary initiative that allows Soldiers and veterans to request administrative name changes to DD Forms 214 pursuant to a court order without having to petition the ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007589 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1