IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140003251
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to conform to a court-ordered name change from ECB to KCW. The applicant further requests correction of his records to change his gender from female to male.
2. The applicant states he believes his military records should be changed because he has provided the correct documentation to prove his case.
3. The applicant provides copies of:
* An Affidavit, Aesthetic Plastic Surgery Institute, dated 5 November 2013
* A Name Change Order, Court of Justice, Commonwealth of Kentucky, dated 13 January 2014
* A Social Security Card issued 24 January 2014
* A Certified Record of Birth, Commonwealth of Kentucky, issued 29 January 2014
* A Driver License, State of Florida, issued 30 January 2014
CONSIDERATION OF EVIDENCE:
1. A review of the applicant's military records reveals:
a. that at the time of enlistment, the applicant was a female;
b. that she served in the Regular Army from 13 January 2009 to 14 April 2013; and
c. that without exception, every document in her military records that required a name or gender entry shows her name as EBC and gender as female.
2. The documents provided by the applicant show that the applicant underwent sexual reassignment surgery in October 2013 changing the applicant from female to male. Furthermore, the documentation shows that a court of law granted a name change and that the applicants birth certificate, social security record, and state driver license have been changed to reflect the name and gender in accordance with the recent surgical procedure.
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. It states:
a. The DD Form 214 is a summary of the Soldiers 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 REFRAD, 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 Army Board for Corrections of Military Records (ABCMR) or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, 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).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 and other military records should be changed to reflect his subsequent name and gender change because he has provided the correct court-ordered and medical proof such has occurred.
2. In the past the ABCMR has 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. Unfortunately, the unique circumstances of transgender individuals may delay or even prevent receipt of benefits for which they must provide a
DD Form 214 as proof of military service.
3. Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending 14 April 2013 with the name shown on his Certificate of Birth as issued on
29 January 2014. No entries should be made in block 18 of the reissued
DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued. Doing so would undermine the purpose of granting relief by drawing attention to his previous gender. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's military records.
4. The applicants DD Form 214 does not show gender and, again, this correction does not extend to any other document in the applicants military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing a DD Form 214 for the period ending 14 April 2013 with the name entered as the name shown on the applicants Certificate of Birth issued on
29 January 2014. No entries should be made in block 18 of the reissued
DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued.
2. The Board further determined that 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 document other than the DD Form 214.
_______ _ X______ ___
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.
ABCMR Record of Proceedings (cont) AR20130020726
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ABCMR Record of Proceedings (cont) AR20140003251
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