IN THE CASE OF: BOARD DATE: 18 January 2022 DOCKET NUMBER: AR20210013627 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as P____ in lieu of P____ APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Declaration of Physician, dated 20 May 2008 * Decree Changing Name and Gender, dated 10 July 2008 * birth certificate * Social Security card * 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: a. He is a transgender man and in 2008 he changed his legal name from P____ to P____, as evidenced by the attached name change order, in an attempt to align his name with his gender identity. The appearance of his old name on his DD Form 214 is an injustice because it discloses his transgender status every time he shows his DD Form 214. b. This is an injustice due to the social stigma and discrimination that transgender people face, but can be effectively remediated by issuing a corrected DD Form 214 listing his current legal name. He was previously unaware that it was possible to request a correction to his DD Form 214. 3. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 April 1983 and subsequently enlisted in the Regular Army on 25 August 1983. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists his name as P____. 4. The applicant was honorably released from active duty after 4 years, 8 months, and 2 days of net active service on 26 April 1988, due to reduction in authorized strength and transferred to the USAR. His DD Form 214 shows his name to be P____. 5. Headquarters, 124th U.S. Army Reserve Command Orders 145-03, dated 23 July 1988, transferred the applicant to the USAR Control Group (Reinforcement), effective 26 June 1988. His name is shown on the orders as P____. 6. USAR Personnel Center Orders D-03-030085, dated 30 March 1989, honorably discharged the applicant form the Ready Reserve effective 31 March 1989. The orders show the applicant’s name to be P____. 7. There are no documents in the applicant’s service records reflecting his name as P____. 8. The applicant provided a declaration by his physician, dated 20 May 2008, documenting the change of the applicant’s gender to male through appropriate and irreversible gender reassignment surgical treatment. 9. A Decree Changing Name and Gender court document, dated 10 July 2008, shows the applicant’s name was legally changed from P____ to P____ and his gender changed from female to male. 10. The applicant provided the following documents, all of which reflect his name as P____ and the two that reflect gender, show his gender as male: * birth certificate * Social Security card * driver’s license BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the potential prejudices some transgender Soldiers may face when presenting a DD214 with a different name than currently used, the Board found there were potential injustices that would provide sufficient reason to grant the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX: XX: XX: 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 DD Form 214 for the period ending 26 April 1988, and issuing a new DD Form 214, showing the name as shown on the Decree Changing Name and Gender Court document, name change. 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. 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 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. The Merriam-Webster Medical Dictionary defines transgender as an adjective meaning of, relating to, or being a person who identifies with or expresses a gender identity that differs from the one which corresponds to the person's sex at birth. 3. 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. 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. a. The instructions for block 1 state to review and compare the official record with the original enlistment contract or appointment order for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). b. The instructions for block 18 state, 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. At the direction of the ABCMR or 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 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// ABCMR Record of Proceedings (cont) AR20210013627 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1