ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 May 2021 DOCKET NUMBER: AR20190011185 APPLICANT REQUESTS: correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 4 October 1969, and her record in DEERS (Defense Enrollment Eligibility Reporting System) to show her legal name change. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Personal Statement * Reissued Certificate of Birth * Court Order * Medical Document * Reissued social security card * Reissued driver license 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 she is a transgendered female who changed her name and gender in 19XX/9X. She requests the correction of the name in Block 1 of her DD Form 214 from Be , Ro A to Be , Bo L , to reflect her current legal name referenced in the Court Order, dated 20 July 19XX. She requests the correction of name and gender on all documents in the Defense Enrollment Eligibility Reporting System (DEERS) as referenced in all attached supporting documentation she supplied. Even though many years have elapsed between military service and name change and gender surgery, she feels that having this information not corrected might cause an injustice to her and being a senior citizen, may cause her stress and possible harm as her life takes on a new aspect due to her age and possible future situations that may arise. She served honorably and was in a combat theater of operations in Vietnam (19XX – 19X) and she never once allowed her physical and emotional differences to make her service any less than honorable. She wishes to maintain her military history until she passes on and not have her transgender status revealed and place any shadow over her honorable service to this country. This correction is necessary to allow her to finish her life in peace and know that her service may never be tarnished by anyone. She served proudly and honorably and wishes her DD Form 214 to be corrected. 3. The applicant enlisted in the Regular Army (RA) on 15 October 1965 under the full name "Be , Ro A." and identified herself as a male. 4. The applicant was honorably released from active duty on 4 October 1969. Her DD Form 214 shows in Item 1, the name as recorded in the entrance documents. 5. The applicant provides a personal statement explaining in details her military service, gender reassignment, and her wishes to have her record corrected. She also provides the following documents: a. Court Order, dated 20 July 1994, from a M County in the State of , Department of Health, Vital Statistics ordering an amendment to the birth certificate of [Applicant], and indicate that her name is Be , Bo L . b. Medical Document, dated 14 February 195, wherein Dr. , Plastic and Reconstructive Surgery, x, State, certifies that the [Applicant] is a male to female transsexual who underwent Male to Female Sex Reassignment Surgery on 14 February 1995. c. Reissued driver license (28 March 20XX) and reissued social security card (30 September 20XX) reflecting the updated name. d. Reissued birth certificate, 23 September 20XX, reflecting the updated name. 6. The ABCMR has, in the past, 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. 7. The applicant's unique circumstances as a transgender individual warrant further consideration, because denying her request could prevent or delay receipt of benefits for which she must provide a DD Form 214 as proof of military service. 8. DEERS is a computerized database for service members, military retirees, 100% VA Disabled Veterans, dependents, DOD active contractors, and others worldwide who are entitled to Public Key Infrastructure and TRICARE eligibility. DEERS is used in the Real-Time Automated Personnel Identification System (RAPIDS). RAPIDS is DOD system to issue the definitive credential within DOD for obtaining Common Access Card tokens in the DOD PKI. Used together, these two systems are referred to as a DEERS/RAPIDS stations. Updating DEERS is not within the purview of this Board. Eligible personnel may update DEERS by visiting the nearest DEERS Office or logging in to milConnect. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. 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. 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) with the following amendments: a. The applicant's legal name, as recorded on the court ordered name change document, will be entered in item 1 (Name), and b. No entries will be made in item 18 (Remarks) of the reissued DD Form 214 that list a previous name or that indicates the DD Form 214 was administratively reissued. X 1 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 Army Board for Correction of Military Records (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. For block 1, 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. For block 18, 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. d. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), 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). //NOTHING FOLLOWS//