ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: BOARD DATE: 20 April 
2021
DOCKET NUMBER: AR20190015406


APPLICANT REQUESTS: correction of her DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to change her name (Last Name, First 
Name Middle Name) from X () to Y ().

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:


*	DD Form 149 (Application for Correction of Military Record)
*	Name Change Order
*	Certificate of Birth
*	Physician Letter
*	Driver’s 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 has undergone medical transition from male to female. All 
her other official records (Birth Certificate, Social Security Account, Driver’s License,
U.S. Department of Veterans Affairs, etc.) have been corrected to show her new name 
and gender and she would appreciate if her DD Form 214 would also reflect this 
change.

3.	The applicant provides:

a.	She provides a court order, dated 14 November 2014, changing her full name
from X () to Y () (last name says the same, and a new first and middle name are 
added).




   b.	Her Certification of Birth, date issued 27 October 2015, shows her name as Y 
().

   c.	A letter from her attending physician that states she (applicant) has had sexual 
reassignment surgery performed by this physician for gender transition to the new 
gender, female. The physician declares under penalty of perjury under the laws of the 
United States of America that the foregoing is true and correct. She should be allowed 
to change her gender on all legal documents.

4.	Review of the applicant's service records shows:

   a.	The applicant enlisted in the Regular Army on 1 September 1967. Her DD Form 4 
(Enlistment/Reenlistment Document), together with all allied documents, listed her full 
name as X ().

   b.	Her DA Form 20 (Enlisted Qualification Record) which was created upon her 
entry on active duty, also listed her full name as X ().

   c.	There is no evidence she applied for a name change while on active duty or used 
this name during her active duty.

   d.	She was honorably released from active duty on 3 June 1970. Block 1 (Name - 
Last, First, Middle) of her DD Form 214 shows her full name as X () (consistent with 
her enlistment and all other records).

5.	By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. The information entered thereon reflects the 
conditions as they existed at the time of separation.

6.	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. A post-service name change does not 
retroactively create an error on the DD Form 214. 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.

BOARD DISCUSSION:

1.	After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

2.	The Board carefully considered the applicant’s request, record of service and reason 
for separation. The Board considered the applicant’s statement, the medical, court and 
government issued documents included with the application and the unique




circumstances faced by transgender individuals when presenting a DD Form 214 as 
proof of military service. While a post-service name change does not create an error in 
records, the Board found that because there may be a potential injustice that may result 
in delay or denial of benefits, relief was warranted. Based on a preponderance of 
evidence, the Board determined that correction of the applicant’s record was warranted.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX
:XXX
:XXX
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.	reissuing the DD Form 214 for the period ending 3 June 1970 to show the 
applicant’s name as shown on the court documented name change in item 1;

      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.





CHAIRPERSON
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 (AR) 635-8 (Separation Processing and Documents), currently in 
effect and dated 10 February 2014, 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 Item 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 item 18 (Remarks).

   c.	For Item 18 (Remarks), 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.	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, at the direction of the ABCMR or in other instances 
when appropriate, 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//