BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140008063 


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 issuance of a new DD Form 214 (Certificate or Release or Discharge from Active Duty) to conform to undergoing gender reassignment and changing her name.  

2.  She states:

	a.  she is an Army Infantry colonel (COL) who retired from active duty on 31 December 2004.  She was formally diagnosed with gender dysphoria and transitioned from male to female in 2007.  Due to current outdated Army and Department of Defense policies, she was forced to wait until retirement to have her physical appearance aligned with her true gender.

	b.  transgender veterans are at a distinct employment disadvantage when providing a DD Form 214 where the name is not the same as their current legal name.

	c.  she was fired from her job as lead instructor for the Army National Guard Force Management Course at the U.S. Army Force Management School, Fort Belvoir, VA immediately after transitioning in 2007.

	d.  while she was an applicant for a federal position during the summer of 2010, a GS-15 pointed out to the hiring supervisor that the first name on her DD Form 214 did not match the name on her application.  The implication was a negative conclusion could have been drawn that would affect her application.  It could have been construed that she was being purposely deceptive on her application or the hiring manager could have prejudicially interpreted the discrepancy to be a troublesome item in the work place.

	e.  while an applicant for a Federal position during 2012, she was interviewed by a member of the Senior Executive Service (SES) which required submission of her DD Form 214.  During the interview process, the SES was extremely uncomfortable and would not make eye contact with her.  She strongly believes the SES' actions were the result of the name on her DD Form 214 not aligning with the gender of the individual being interviewed.  She was not selected for that position.

	f.  while making an office call at the Pentagon on 13 November 2013 she was issued a visitor's badge with her former male name on it.  This occurred after she provided Visitor Desk personnel with a current driver's license that contains her legal name.  She returned to the Visitor's Desk and advised the personnel of the error regarding her name.  She asked them to issue her a new badge with the correct name that aligns with the badge picture.  Her former name no longer exists in official files except in her military records.

	g.  as a retiree, she uses Express Scripts for medications.  The phone status updates she receives from this system uses "he" in the messages.  When she inquired how to change their message, an Express Scripts supervisor informed her that they were unable to change it since it is based on information contained in Defense Enrollment Eligibility Reporting System.  

	h.  the incongruities between names on DD Forms 214 and current corrected documents creates confusion difficulty and places embarrassing, needless, administrative burdens upon veterans.  

	i.  even though all of her government agency records (including her Armed Forces Retiree Identification Card) were changed in 2007, she continues to experience exceptional scrutiny and injustice due to her military records.  All of her civilian documents have been changed to reflect her gender, including social security data, driver's license, birth certificate, and U.S. passport.

	j.  the Air Force Board for Correction of Military Records issued a decision in 2004 that resulted in a new DD Form 214 being issued reflecting the current legal name of a transgender veteran.  There is a need to provide consistent policy throughout Department of Defense (DOD) on this issue.  

	k.  she desires to be buried at Arlington National Cemetery and she's very concerned about an eternal injustice will be added to her lists of concerns.  

	l.  DOD has an opportunity to create a more just environment for transgender veterans who have honorably, and with distinction, served their country by creating a standard policy with guidance that supports issuing a subsequent DD Form 214 that reflects new name information upon the Armed Forces  members' request.  She offers her assistance with developing DOD policy that addresses transgender military service issues.  

3.  She provides:

* DD Form 214 for the period ending 31 December 2004
* Two DD Forms 215 (Correction to DD Form 214), dated 5 January 2006 and 24 January 2006
* Letter from physician, dated 13 November 2008
* Original Certificate of Live Birth, issued on 12 December 2008
* State of Wisconsin driver license
* U.S. Uniformed Services Identification Card
* Social security card
* U.S. Passport

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. 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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's DD Form 214 for the period ending 31 December 2004, as amended, shows she served on active duty as a member of the Wisconsin Army National Guard (WIARNG) from 18 August 1986 through 31 December 2004.  Block 1 (Name (Last, First, Middle)) of this DD Form 214 shows her name as "S________, J_____ J____."

3.  She provides:

* a letter, dated 13 November 2008, showing she underwent reassignment surgery and is now fully functioning as a female
* a State of Wisconsin Certificate of Birth issued on 12 December 2008 showing her name is "S____ A__ S_________" and her sex is "female"
* a State of Wisconsin Driver License and U.S. Uniformed Service Identification Card reflecting her name change
* a social security card, dated 15 December 2008, reflecting her name change and showing the same SSN as that entered on her DD Form 214 for the period ending 31 December 2004
* a passport, dated issued on 7 January 2009, reflecting her name change and her sex as "F" [female]

4.  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 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, 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's statements regarding her request for correction of her military records to show her gender and current legal name are acknowledged and determined to have merit.

2.  Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending      31 December 2004 with the name shown on her 12 December 2008 Certificate of Birth entered.  No entries should be made in block 18 of the reissued DD Form 214 listing her 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 her 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.  

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 a DD Form 214 for the period ending 31 December 2004, as amended, with the name in block 1 entered as the name shown on the applicant’s 
12 December 2008 Certificate of Birth.  No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating that the DD Form 214 was administratively reissued.



      _________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)                                         AR20140008063





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ABCMR Record of Proceedings (cont)                                         AR20140008063



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